Recent News
We stay abreast of current legal developments. The law is always evolving.
Warning: These Posts Does Not Constitute Legal Advice; Please Consult An Attorney
Jurisdiction And Precedential Effect
JURISDICTION AND PRECEDENTIAL EFFECT: The bankruptcy courts, and Bankruptcy Appellate Panel, are Article I Courts under the US Constitution. The district courts and courts of appeal are Article III courts. As such, the Courts of Appeal are not bound by the decisions...
Automatic Stay: Bank Freeze
AUTOMATIC STAY: The Bank froze the debtor's accounts after the filing of the bankruptcy, and notified the trustee and the debtor. The bank did not use the funds as a set off for any debt. This is sometimes referred to as an administrative hold upon the debtor's...
Automatic Stay: Corporate Debtor Sued
AUTOMATIC STAY: Corporate debtor was sued in class-action in New Mexico state court, prior to filing bankruptcy. As part of his bankruptcy, the corporate debtor asked to remove the class action to Bankruptcy Court. This removal was not barred by the automatic stay,...
Bankruptcy Law: Procedure for Reopening
BANKRUPTCY LAW (9th Circuit Bankruptcy Appellate Panel; Procedure for Reopening): Where debtor sought to reopen bankruptcy case on behalf of his LLC, bankruptcy court properly denied this relief. The debtor sought to reopen matters that would not affect the...
Bankruptcy Law: Homestead Exemption filed December 22, 2021
BANKRUPTCY LAW (9th Circuit Bankruptcy Appellate Panel; Homestead Exemption): Where debtors did not live in the property continuously from the time the judgment liens attached until the date of the filing of the bankruptcy petition, and where the facts showed that...
9th Circuit Court of Appeal; Homestead Exemption
BANKRUPTCY LAW (9th Circuit Court of Appeal; Homestead Exemption): The debtors had moved from Kansas to Arizona, and claimed the Arizona homestead exemption for their new residence. The Trustee objected, but was overruled. The Court of Appeal held that where the...
Disclosure and the Pacific Ocean
Where the seller’s real estate broker failed to inform the seller that the next door neighbor had disclosed to the broker plans to build on the neighboring property, and therefore obstruct the seller’s Pacific Ocean view, and where after the sale, the buyer moved to...
Community Property And Bankruptcy
The Property received by one spouse from a third party during the marriage is presumed to be community property, unless there is a written document that shows that the community property interest of the other spouse was waived, making the item the separate property of...
HOMESTEAD EXEMPTION: California Increases Protection
As of January 2021, California’s Homestead Exemption increases from a minimum of $300,000, to a maximum of $600,000. This means that many more homeowners in liquidation, Chapter 7 bankruptcy proceedings can keep their homes. The California Civil Code will be amended...
