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Recent Posts in Non-Dischargeable Category

29 results found. Viewing page 1 of 2. Go to page 1 2   Next

Educational Debts that Can Be Discharged in Bankruptcy

AREN'T STUDENT LOANS NOT ABLE TO BE DISCHARGED IN BANKRUPTCY? Student loans are generally difficult to discharge—legally write off—in bankruptcy. Most of the time you have to prove ...
Continue reading "Educational Debts that Can Be Discharged in Bankruptcy" »

Son's Juvenile Detention Costs Ruled Dischargeable in Chapter 7

THE FACTS Maria Rivera filed a Chapter 7 case in the Santa Ana Division of the bankruptcy court. She included among her debts $9,905 owed to the Orange County Probation Department for costs related to ...
Continue reading "Son's Juvenile Detention Costs Ruled Dischargeable in Chapter 7" »

Debts Caused By Driving Under the Influence

CAN I WRITE OFF CLAIMS AGAINST ME FROM A VEHICLE ACCIDENT? When you think of debts to be written off through bankruptcy, you likely think of credit cards, medical bills, vehicle loans, and ...
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Lien Stirpping Allowed in Chapter 20

In a recent case called In re Boukatch, the Bankruptcy Appellate Panel for the Ninth Circuit (which includes California and much of the western part of the country) was faced with whether a ...
Continue reading "Lien Stirpping Allowed in Chapter 20" »

Employer Can Discharge Debt Owed to Employee Benefits Trust

The Bankruptcy Code says that a debtor cannot discharge (legally write off) debts arising from the debtor's "fraud or defalcation while acting in a fiduciary capacity." See 11 U.S.C. ...
Continue reading "Employer Can Discharge Debt Owed to Employee Benefits Trust" »

10 Ways Bankruptcy Solves Tax Problems

If you owe a lot of income taxes, you may have wondered whether bankruptcy can help you deal with this special kind of debt. There's a good chance that you have misconceptions about whether and ...
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Debt Owed by Contractor to Homeowners Was Fraud and Non-Dischargeable

As I regularly review court cases to keep up on the law, I often run into ones that provide a good way to help my readers understand some important aspect of bankruptcy. Today's blog post does ...
Continue reading "Debt Owed by Contractor to Homeowners Was Fraud and Non-Dischargeable" »

Can a Creditor Object to Me Filing Bankruptcy on Its Debt?

Yes, but they seldom do, because the legal grounds for them to do so are quite narrow. They usually don't have any basis upon which to object. IF BANKRUPTCY IS ABOUT GIVING ME A "FRESH ...
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60 Day Rule To Object to Non-Dischargeability is Strict

Bankruptcy rules make clear that if a creditor wants to object to the discharge (legal write-off) of a debt on the basis of the debtor's fraud, that objection has to be filed within 60 days of the ...
Continue reading "60 Day Rule To Object to Non-Dischargeability is Strict" »

Bankruptcy Court Trumps Federal Arbitration Clause

With $3.3 million in alleged damages against a Chapter 7 debtor at stake, in Ackerman v. Eber (In re Eber) , 687 F.3d 1123 (9th Cir. 2012) the U. S. Court of Appeals for the Ninth Circuit ruled in ...
Continue reading "Bankruptcy Court Trumps Federal Arbitration Clause" »

What Does it Take to Discharge a Student Loan in Bankruptcy? The Ninth Circuit Court of Appeals Just Helped Make it a Bit Easier

It is not easy to write off a student loan in bankruptcy. The Bankruptcy Code says it takes an "undue hardship," but does not define what that means. The courts have been trying to figure out what it ...
Continue reading "What Does it Take to Discharge a Student Loan in Bankruptcy? The Ninth Circuit Court of Appeals Just Helped Make it a Bit Easier" »

I Forgot to List One of My Creditors In My Bankruptcy Case

It is not uncommon for a client to realize that they forgot to list one of their creditors after filing for bankruptcy. You may have forgotten to list one of your creditors for a number of reasons ...
Continue reading "I Forgot to List One of My Creditors In My Bankruptcy Case" »

The Important Concept of "Fraudulent Transfers" Explored in a New Local Appeals Court Ruling

On April 30, 2013, the federal Ninth Circuit Court of Appeals-which hears appeals of bankruptcy court decisions throughout the greater West Coast region including California-published an opinion ( In ...
Continue reading "The Important Concept of "Fraudulent Transfers" Explored in a New Local Appeals Court Ruling" »

Why Do I Have to Pay the Bankruptcy Attorney Before He Files My Case?

In almost all client meets the question comes up "Why Do I Have to Pay the Bankruptcy Attorney Before He Files My Case?" . When you decide that you need to file for Chapter 7 bankruptcy to protect ...
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Bankruptcy's Benefits and Limits for Stopping Child and Spousal Support Collections

The rules are clear. Chapter 7 does not help much with support obligations (other than freeing up more of your money to pay it). But Chapter 13 can help tremendously. Regular, Monthl y Supp ort ...
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Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect

Coincidentally, two different sets of legal changes both became effective on April 1, 2013. One set of changes was to the state-by-state "median income" amounts. These affect whether or not you would ...
Continue reading "Two Important Sets of Changes to Bankruptcy Dollar Amounts Just Went into Effect" »

Can You Discharge Recent Purchases and Cash Advances?

If you file bankruptcy not long after you've made certain kinds of "luxury purchases" and cash advances, those debts might not be discharged (written off). But this risk can be avoided. ...
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Can I Discharge Traffic Tickets or Parking Tickets in Bankruptcy?

Traffic tickets are often a concern for many of our clients who are facing mounting debt. Paying these traffic violations can place added stress on your financial situation. If you are considering ...
Continue reading "Can I Discharge Traffic Tickets or Parking Tickets in Bankruptcy?" »

Two Types of Debts You May Still Owe After Bankruptcy

Non Dischargeable Debts in Bankruptcy Most debts ARE legally written off ("discharged") in bankruptcy. But let's clear up some likely confusion about certain debts that might not be discharged. There ...
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Solving Child and Spousal Support Debt Problems in California through Bankruptcy

Child Support and Spousal Support If you are behind in your support payments, you owe a very special kind of debt. It may surprise you to hear that even this debt can be tamed through bankruptcy. ...
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Bill Collector Says I Can't Eliminate the Debt in Bankruptcy?

Most debts are eliminated when you file a bankruptcy, especially the kind that a bill collector would likely be calling you about. So unless the debt is a student loan, tax, or some other special kind ...
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Bankruptcy Can Help You Avoid a Tax Lien

Tax Liens Bankruptcy stops the recording of tax liens by the IRS or the California Franchise Tax Board. The recording of a tax lien effectively turns a debt without any collateral into a debt with ...
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Pre-Bankruptcy Steps to Take to Eliminate Tax Debt in Bankruptcy

Income tax returns were due in April, but what if you owe a alot of taxes, maybe for this year and even a previous year or two? Bankruptcy CAN discharge (legally erase) SOME income taxes. How much tax ...
Continue reading "Pre-Bankruptcy Steps to Take to Eliminate Tax Debt in Bankruptcy" »

Can I Discharge Income Taxes in A Chapter 7 Bankruptcy?

If you owe income taxes, especially on more than one tax year, or you owe a large amount, Chapter 13 is often the better way to go. But you CAN also write off ("discharge") certain income ...
Continue reading "Can I Discharge Income Taxes in A Chapter 7 Bankruptcy?" »

Can You Eliminate a Tax Lien in Bankruptcy?

Not being able to pay federal or state income taxes can lead the IRS or the state to place a tax lien on your real property and personal property. Filing for bankruptcy can help in many situations ...
Continue reading "Can You Eliminate a Tax Lien in Bankruptcy?" »
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