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
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...
SCOTUS: Violating Bankruptcy Discharge Serves Up Creditor for Contempt
The primary purpose of the bankruptcy stay [11 USC Sec. 362] is to protect the debtor. (In re Fuel Oil Supply and Terminaling, Inc., 30 BR 360, 362 (Bankr.N.D.Tex.1983), cited in In re Globe Investment & Loan Co., Inc., 867 F.2d 556 (1989)). By stopping all...
BANKRUPTCY LAW (Discharge Order)
An order entered by the court at the conclusion of a bankruptcy proceeding, releasing the debtor from liability for most prebankruptcy debts. The order bars creditors from attempting to collect any debt covered by the order. 11 U.S.C. § 524(a)(2), cited in Taggart v....
BANKRUPTCY LAW (Importance of Automatic Stay Part 2)
BANKRUPTCY LAW (Importance of Automatic Stay); When a debtor files for bankruptcy, 11 USC Section 362(a)(1) automatically stays any other judicial proceeding involving the debtor. The automatic stay "plays a vital role in bankruptcy. The automatic stay aids the debtor...
BANKRUPTCY LAW (Damages for Violation of Automatic Stay)
Telecom provider violated automatic stat of 11 USC § 362(a)(6) by calling the debtors after they filed their bankruptcy petition and mailing a copy to the provider; and then, three months after the petition date writing to the debtors demanding immediate payment. This...
STANDING: Mortgage Liability
STANDING (Mortgage Liability): Bankruptcy Court erred in ruling that Debtor had no standing to challenge Nationstar in the latter’s claim under her Deed of Trust. She showed constitutional & prudential standing through demonstrating (1) injury in fact (2)...
Lien Stripping: Not Permitted in Ch. 7
One of the axioms of bankruptcy is that a bankruptcy will discharge unsecured debt. Unsecured debt is that which is not backed up with some type of collateral. Typical unsecured debt consists of credit cards, medical bills, promises to pay bills without a promissory...
