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
MORTGAGE LAW/FAIR CREDIT REPORTING ACT (Applying Arizona Anti-Deficiency Law)
Where homeowner lost property to non-judicial foreclosure, Arizona’s “anti-deficiency law” meant that the junior mortgage, which was unsecured following the foreclosure, had been “abolished,” pursuant to previous Arizona Supreme Court ruling. Therefore, the lender’s...
BANKRUPTCY LAW (California Homestead Exemption)
San Diego County Debtor Filed Bankruptcy Petition in 2021. Bankruptcy Court Held, and 9th Circuit Court of Appeals Agreed, that California’s $600K 2021 Homestead Exemption Applied in its Entirety. That Exemption is then Added to the Mortgage Balances and Other Liens...
A Pledge Of Funds
BANKRUPTCY LAW: Where student debtor receives a pledge of funds from a lender (creditor) or otherwise never actually receives funds from the lender, then that debt is an exception to the general rule of non-dischargeability. In other words, if the student debtor never...
The Right To Dismiss
BANKRUPTCY LAW: According to 11 USC Sec. 1307 (b), “[o]n request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under...
STUDENT LOANS: The Shifting Grounds for Relief
In Lujan v. Defenders of Wildlife (1992) 504 US 555, 575-578, a very conservative jurist, Associate Justice Antonin Scalia, wrote the following: “To permit Congress to convert the undifferentiated public interest in executive officers' compliance with the law into...
STUDENT DEBT PROGRAM: Where’s the Relief?
On August 24, 2022, President Joe Biden announced a proposed plan, through the Department of Education, to forgive a portion of student loan debt owed by millions of Americans. The plan proposed to allow cancellation of up to $10,000 for certain loan recipients, and...
FAIR LENDING FIGHT: Battling Redlining
During the years of the Financial Crash (2007-2012), one could read in the press about something called "predatory lending," or "lending discrimination," or "disparate treatment," or "disparate impact." These concepts and legal doctrines were important because they...
IN TRUSTS WE TRUST: Comments Protect the Loan
When representing clients, attorneys rely on the words of the law (a “statute”) and ask the court to implement the plain, obvious meaning of its words. When it comes to federal statutes, however, it is easy to overlook the “comments” by Congressional committees that...
STUDENT LOANS: Massive Relief Granted in the Bankruptcy Court
The conventional wisdom is that “student loans cannot be discharged in bankruptcy.” But the “conventional wisdom” is WRONG. There is a high evidentiary bar for a debtor to discharge (cancel) her or his student loans, but discharge is possible. In a recent case, the...
Proud to serve as a “debt relief agency,” assisting individuals, couples and companies filing for bankruptcy under Title 11 of the United States Code, and those seeking loan repayment/debt relief assistance, pursuant to state and federal law, such as Title 15 of the United States Code.
