Recent News
We stay abreast of current legal developments. The law is always evolving.
BANKRUPTCY: Student Loans Can be Discharged
The popular wisdom is that student loans are not dischargeable in bankruptcy. One will often hear a potential client say, “I know I can’t discharge a student loan.” This is not true. Although the bar is high, student loans can be discharged in bankruptcy. The debtor...
AUTOMATIC STAY: Protects the Debtor
BANKRUPTCY LAW (Automatic Stay): In these times, creditors should be generous in allowing borrowers to repay balances. If debtor files for bankruptcy, insisting on collection may be costly.When the debtor files for bankruptcy, 11 USC Sec. 362(a) prohibits further...
BANKRUPTCY LAW: “Actual Fraud” that Denies Debtor a Discharge of the Debt Does Not Require False Statements to the Creditor
The purpose of the Bankruptcy Code is to relieve borrowers who are in over their heads to terminate (discharge) unsecured debt [Chapter 7 Bankruptcy], or to restructure debt, including, in some cases, mortgages (Chapter 11 and Chapter 13 Bankruptcy). Chapter 7, for...
FEDERAL COURT: Plaintiff Defeats Mortgage Lender’s Motion to Dismiss ECOA Claim
Judge William Alsup of the US District Court in San Francisco applied the law of pleading, and upheld the Plaintiff’s ability to amend her federal civil rights claims against Wells Fargo Bank. Judge Alsup based his opinion on rulings of the US Supreme Court, as well...
