In a recent issue of the L.A. Times, Liz Weston compared bankruptcy and debt settlement as ways to deal with overwhelming debt. Her column was good, but given the limited space she had, it was a bit brief. In this
Bankruptcy vs Debt Settlement
Latest from Southern California Bankruptcy Law Blog - Page 2
Drunk Driving Debt: Dischargeable If Debtor Was The Injured Person?
Suppose you’re driving home from a New Year’s Eve celebration. At the party you had one too many glasses of Krug Champagne. Suddenly a light pole leaps in front of you and you hit it. You’re badly injured. You get
Harvey Weinstein, et al., and Bankruptcy
For those of you who have been living in a cave without access to any news of the day, I would bring you up to speed on the ever expanding sex abuse/sexual harassment scandal that implicates many famous Hollywood types,
The Ninth Circuit’s Martin Decision
I have written several times about discharging income tax debt in bankruptcy. Some time ago I wrote a post that dealt with the question of whether a return filed after a substitute for return is a return for bankruptcy discharge
Zombie Debt Redux
In today’s LA Times, Sean Pyles wrote a nice summary of the problem of zombie debt.
He began with the observation that when the statute of limitations has passed on debt collection actions, creditors are estopped from suing you to
Arguments On SFRs Before The Ninth Circuit
I have written several times about discharging income tax debt in bankruptcy. My most recent post on this topic dealt with the question of whether a return filed after a substitute for return is a return for bankruptcy discharge purposes
Voluntary Sales And The Homestead Exemption
I have written several times about exempting assets in bankruptcy. The gist is that in a Chapter 7 bankruptcy, the debtor gets to keep all assets that are exempt using the appropriate exemption table, but the Chapter 7 Trustee
Fair Debt Collection Practices Act And Bankruptcy: Part II
Some time ago I wrote in great detail about a split among the circuits over whether the Bankruptcy Code preempts the Fair Debt Collection Practices Act (“FDCPA”).
The gist of the split is over whether a debtor can simultaneously
The Absolute Priority Rule Applies To Individual Chapter 11 Debtors
Some time ago I wrote in great detail about personal Chapter 11 bankruptcy. In that post I discussed the application of one of the complexities of Chapter 11 bankruptcy to individual (as opposed to business) cases. That complexity is
IRS Will Never Call To Demand Immediate Payment Over The Phone
I’ve written before about IRS scams involving a call or robocall supposedly from the tax agency demanding immediate payment and threatening arrest if the payment isn’t made. However, I’m still getting calls from anxious clients rattled by these calls. Let
