Supreme Court on Stale Debt

Paul Richardson Debt

  The Supreme Court usually decides a few cases each term that have an impact on bankruptcy law, and this year is no exception. One of the decisions, Midland Funding, LLC v. Johnson, concerns the issue of stale debts and when they can be incorporated into a Fair Debt Collection Practices Act, as an unfair attempt to collect a debt. …

Even the Government is Stopped During Bankruptcy

Paul Richardson Bankruptcy

The Ninth Circuit Court of Appeals recently decided a novel bankruptcy issue which will impact how the government encumbers and auctions off property with back taxes due. The case, RW Meridan LLC v. County of Imperial Treasurer-Tax Collector, sets an important precedent for California Bankruptcy cases. The decision came on the side of the debtors in this case, despite widespread …

Bankruptcy Case Results in $45 Million Fine to a Bank

Paul Richardson Bankruptcy

  In a rare situation for bankruptcy cases, a judge handed down a punitive fine against a bank on behalf of a debtor who was treated wrongly in the bankruptcy proceedings. In the case, Bank of America was given punitive damages by a bankruptcy judge to the tune of $45 million. In its opinion explaining what happened, and justifying the …

Chapter 13 Bankruptcy Plans

Paul Richardson Bankruptcy

A California bankruptcy court recently issued an opinion on bankruptcy laws that cleared the air on how a Chapter 13 plan should work under the Bankruptcy Code. This case actually involved five different debtors who, after successfully declaring bankruptcy and going through the process, tried to discharge their debts early by shortening the length of the payment plan. This process …

Improper Uses of the Bankruptcy Code

Paul Richardson Bankruptcy

The reason why the bankruptcy laws exist as they do is to offer people who are in over their heads a fresh start. This can be a boon that those who have benefited from its use can understand and appreciate. One of the great benefits of the Bankruptcy Code is that protections exist to help those seeking relief from losing …

Federal Appeals Court in California Resolves Important Bankruptcy Case

Paul Richardson Bankruptcy, Debt

  The 9th Circuit Court of Appeals decided an important bankruptcy case recently that should go a long way to helping parents get out from under collection efforts by California juvenile correctional agencies. This case comes after Orange County spent years trying to collect a debt of over $16,000 from a struggling mother of a wayward teen. Fortunately for the …

U.S. Supreme Court Rules on Bankruptcy Case

Paul Richardson Bankruptcy

  This year’s calendar for the Supreme Court contained two important cases on bankruptcy. The first, and probably most well known, was the bankruptcy case involving Puerto Rico. On that issue the court ruled that Puerto Rico could not take advantage of the bankruptcy code as they wished. Of course, this case was not particularly relevant to those involved in …

Court Rules on California’s Homestead and Wildcard Exemptions

Paul Richardson Bankruptcy

The appellate court responsible for reviewing bankruptcy appeals in California recently handed down an opinion that raised some interesting points about homestead and wildcard exemptions. In that case, Ziegler v. Casey, the court looked what a man did with his homestead exemption and whether he would have to pay any of it back. In 2013, a man filed for bankruptcy …