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
Recovering All Fees: Bankruptcy Law
BANKRUPTCY LAW (Automatic Stay): In en banc opinion, 9th Circuit holds that debtor can recover all fees spent in resisting creditor who violates automatic stay in seeking to collect debt (America’s Servicing Co. v. Schwartz-Tallard, originally issued 4/16/2014, San...
Discharge Of Student Loans
BANKRUPTCY LAW: In unpublished opinion, Bankruptcy Appellate Panel agrees that Debtor did not show “undue hardship” that would entitle her to discharge of student loans (Ng-A-Qui v. College Assist, issued 10/9/2015; Argued and submitted at Seattle, WA)
ABI Volo Project: BANKRUPTCY LAW
Court held that attorney who prosecuted debtor’s personal injury claim on behalf of the bankruptcy estate and bankruptcy trustee, and who settled the injury claim without the trustee’s knowledge and consent, paid the debtor the settlement, and paid himself attorney’s...
Bankruptcy Law: Sufficiency of Tax return
BANKRUPTCY LAW: Late, post-assessment tax returns were “tax returns” within the meaning of 11 USC Sec. 523 (a)(1)(B), and debtor’s old tax debt could be discharged pursuant to satisfaction of other statutory requirements. (In re Martin, adversary action vs. IRS) From...
Bankruptcy Law: No Relief for Unsecured Creditor
BANKRUPTCY LAW: Where creditor claimed to be owner of property pursuant to foreclosure sale, he was not a “secured creditor,” and thus not entitled to relief from the automatic stay, based on 11 USC 362 (d) (4). Bankruptcy Appellate Panel REVERSES trial court ruling...
Bankruptcy Law: Automatic Stay
BANKRUPTCY LAW (Automatic Stay): In en banc opinion, 9th Circuit holds that debtor can recover all fees spent in resisting creditor who violates automatic stay in seeking to collect debt (America’s Servicing Co. v. Schwartz-Tallard, originally issued 4/16/2014, San...
Real Estate: Assumption Of Lease
Where the new lessee (the persons who is going to inhabit the leased property) agrees to be bound by existing terms of the lease, the lessee is said to assume the lease (or, there has been an assumption of the lease). The lessee is responsible for the lease, according...
Real Estate: Legal Actions And Trusts
Sometimes, real estate is held in a trust. What happens when there is a legal action by or against a trust? A trust itself cannot sue or be sued. (Presta (2009) 179 CA4 909, 914). "As a general rule, the trustee is the real party in interest with standing to sue and...
Real Estate: Balloon Mortgage
Some mortgage terms don’t look like they sound. For example, a “balloon mortgage” is a mortgage loan in which the monthly payments are not large enough to repay the loan by the end of the term. So at the end of the term, the remaining balance comes due in a single...
