Magazine Archive
Getting to “Maybe?” Student Loan Bankruptcy Discharge Under the Department of Education’s New Guidelines
“Sorry, bankruptcy can’t discharge student loans.” Have you said that before? Although legally wrong, that answer was practically correct in most cases. Bankruptcy student loan discharge involves the plaintiff paying a lawyer to prosecute a federal lawsuit proving the plaintiff lacks the money to repay student loans. On the defense side, the student loan creditors...
Read ArticlePursuing COVID-19 Rental Debt in Small Claims Court Is it Worth it?
During the coronavirus pandemic, landlords found themselves unable to evict tenants for non-payment of rent because of statewide and local emergency ordinances that prohibited all evictions. During this early period in the pandemic, landlords considered other ways to collect unpaid rental debt, such as filing a small claims or regular civil action against their tenant....
Read Article“I Am an Attorney and a Debt Collector and Any Information Obtained Will be Used for That Purpose”
Previously, when demanding money from consumers and proceeding with litigation, I only needed to admonish a consumer when I corresponded with them, verbally or in writing, giving them the warning that is the title of this article. Both California and Federal Fair Debt Collection Practices Acts (“FDCPA”) governed my actions. Then, Governor Newsom contended that...
Read ArticleCan’t Touch This
One of our area’s most famous bankruptcy filers sang that line over thirty years ago, and it is even more true today.[1] Legislation over the last few years has greatly increased the dollar amount debtors can protect from judgment creditors. Some of these changes occurred in the middle of the pandemic, so many creditors may...
Read ArticleSubchapter V: The Streamlined Bankruptcy Reorganization for Small Businesses
The Small Business Reorganization Act of 2019 (“SBRA”)[1] became effective February 19, 2020, and its goal was to streamline the Chapter 11 process and reduce the costs for those debtors that qualify. A Chapter 11 filing provides financially distressed small businesses with the opportunity to reorganize their financial affairs while continuing their business operations. The...
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