Southern California Bankruptcy Law Blog

Tag Archives: automatic stay

The Automatic Stay In Chapter 13, And Foreclosure Sales

Posted in Chapter 13, Foreclosure

A fellow bankruptcy attorney recently posed an interesting question regarding a threatened foreclosure sale before the automatic stay is lifted in a Chapter 13 bankruptcy.  Here is the exchange I had with her: Question:             Background Facts: I just got an email from a Chapter 13 client who has a confirmation hearing on 8/21.  She… Continue Reading

Fair Debt Collection Practices Act And Bankruptcy

Posted in Chapter 11, Chapter 13, Chapter 7

A very recent Eleventh Circuit decision, Crawford v. LVNV Funding, LLC, No. 13-12389 (11th Cir., July 10, 2014), highlights an interesting split among the circuits, which makes things ripe for an appeal to the Supremes. First let’s get a little background. BACKGROUND I.                The Automatic Stay And The Discharge Injunction When a person files for… Continue Reading

Tolling A Statute Of Limitations In Bankruptcy

Posted in Chapter 11, Chapter 11 for Individuals & Married Couples, Chapter 7

I recently had an email exchange regarding statute of limitations tolling in bankruptcy, with a friend who is a fellow bankruptcy attorney.  My friend posed a couple of questions based on an interesting fact pattern.  Herewith I offer a slightly edited version of the exchange. First, here is my friend’s email: Salient Facts:   Chapter 7… Continue Reading

Debt Collectors And Bankruptcy

Posted in Debt

Debt collectors serve the useful role in society of forcing many debtors who otherwise wish to pay their debts into bankruptcy.  They also provide a source of additional income for bankruptcy attorneys when they violate the automatic stay of 11 U.S.C. § 362(a), the discharge injunction of 11 U.S.C. § 524(a), and the Fair Debt… Continue Reading

Can I File For Bankruptcy More Than Once? (Part 2)

Posted in Chapter 11, Chapter 13, Chapter 7

My previous post dealt with the first of two possible settings involving a previous bankruptcy.  The first setting was when you received a discharge in the previous bankruptcy.  Today’s post deals with the second situation, i.e., your previous bankruptcy was dismissed. II.        Your Previous Case Was Dismissed Other than the 180-day bar of § 109(g), or… Continue Reading

A Crackdown On Abusive Debt Collectors

Posted in Chapter 11 for Individuals & Married Couples, Chapter 13, Chapter 7, Debt

An ongoing source of distress for debtors is truly abusive debt collectors.  Many of these alleged humans ignore the due process rights of debtors, lie, and break the law in their efforts to shake down debtors.  Can anything be done?  Finally, the federal and state governments are starting to take some action. I.          The Problems… Continue Reading

Debt Collectors; Sheriff’s Department Corruption; A Justice’s Nutty Opinion

Posted in Automatic Stay, Debt

This post gathers my thoughts on three eye openers.  Some were in the news, and some I experienced first-hand in my bankruptcy practice.  The common thread among these eye openers is a profound threat to the freedom and wellbeing of the citizenry. I.          Debt Collector Abuses A.        Whole Lotta Collectin’ Goin’ On In the February… Continue Reading

Does A Debtor Have To Attend The Reaffirmation Hearing?

Posted in Chapter 7, Debt

A fellow attorney recently asked me this question because she had a client who failed to attend the reaffirmation hearing.  As a result, the judge disapproved the reaffirmation agreement.  She wondered if the creditor could now repossess the car.  The short answer is: Yes.  What’s going on here? I.          To Reaffirm Or Not To Reaffirm,… Continue Reading

What Happens If I Forgot To List A Creditor In My Bankruptcy Papers?

Posted in Automatic Stay, Chapter 11, Chapter 13, Chapter 7, Debt

The answer differs depending on the nature of the debt and under which chapter the bankruptcy case was filed. I.          The Key Exception To Discharge The key provision of the Bankruptcy Code that we use to answer the question is 11 U.S.C. § 523(a)(3), which states (with emphasis added): A dischargeunder section 727, 1141, 1228… Continue Reading

Chapter 13 Bankruptcy And A New Foreclosure Scam

Posted in Chapter 13, Foreclosure

A recent corrupting trend in Chapter 13 bankruptcy is creating serious challenges for honest Chapter 13 debtors, their attorneys, mortgage companies, and Bankruptcy Courts.  The problem is a new foreclosure scam called property dumping, and it illustrates the ingeniously evil thinking of some real estate crooks. Property dumping has cropped up in response to the desperation… Continue Reading

Home Mortgage Modification And Bankruptcy – Part III

Posted in Automatic Stay, Chapter 11, Chapter 13, Chapter 7, Home Mortgage Modification

I.          The Growth Of Government-Held Debt The managing director of Economics1, a nonpartisan policy-research institute, reports: In reviewing the latest Fed data, Investor’s Business Daily noticed that the total amount of government-financed consumer credit (the vast majority of which is mortgages) stood at $6.3 trillion, just slightly below the private sector’s total, $6.5 trillion.  As… Continue Reading