The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c). Specifcally, on March 22, 2017, the Supreme Court issued its opinion in Czyzewski v. Jevic Holding Corp., No. 15–649, 2017 WL 1066259, __ S.Ct. ___ (Mar. 22, 2017) […]

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When an fraudulent transfer occurs before a debtor files for protection under the United States Bankruptcy Code, creditors must promptly protect their rights to ensure that the bankruptcy does not discharge the debtor’s liability for their fraudulent transfer or the underlying debt.

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With many Inland Empire residents hitting hard times, bankruptcy petition preparers have offered their services to help debtors file for bankruptcy. Hiring a bankruptcy attorney may be a much better decision in the long run. Increased Use of Bankruptcy Petition Preparers As reported by the U.S. Courts, there has been an increased use of bankruptcy petition […]

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Americans enjoy the myth that bankruptcy only happens to other people. We have the top 9 REAL reasons that Americans file bankruptcy, and tips on how to avoid these mistakes. The Myth of the Medical Bankruptcy NerdWallet.com claims that “medical bankruptcy accounts for a majority of personal bankruptcies.” President Obama furthered this myth in defending ObamaCare, claiming that “no one should […]

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The Ninth Circuit Court of Appeals provides an outline that all attorneys practicing before it should read when filing or responding to an appeal. The document, entitled “Ninth Circuit Appellate Jurisdiction Outline,” reviews the numerous grounds that the Ninth Circuit will consider in rejecting an appeal on procedural grounds. For example, did you or your opposing […]

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The Supreme Court’s decision to grant certiorari in Law v. Siegel to a self-represented bankruptcy debtor who committed numerous frauds on the court and filed over 25 appeals took many observers by surprise. As explained herein, the High Court may (and would be well-advised to) use this case to explain the extent of a bankruptcy […]

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California’s Mechanic’s Lien Law (Civil Code section 3082 et seq.) is littered with short deadlines, which are further complicated by the rules of bankruptcy.

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A homeowner should be aware that homeowners association dues, fees or assessments are non-dischargeable in Chapter 7, 11, 12, & 13 bankruptcy under 11 U.S.C. §523(a)(16).

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A bankruptcy court recently ruled on what constitutes “goods” that are entitled to a priority administrative claim for their value under § 503(b)(9) of the Bankruptcy Code.

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Consumers are best advised to meet with an experienced bankruptcy attorney when choosing between debt consolidation or bankruptcy.

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Our capitalist system encourages individuals to take risks. Some prove productive; unfortunately, for those that fail, many times the individual is left with tax debt.

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