Stopping Eviction and Curing Rent Default in Bankruptcy

Prior to the amendments of the Bankruptcy Code in 2005, the filing of a bankruptcy proceeding automatically stayed a residential eviction proceeding unless and until the landlord obtained relief from the automatic stay. However, in 2005, subdivision (b) of Section...

Discharging Income Taxes in Chapter 7 Bankruptcy

State or federal income taxes can be discharged (forgiven) in a Chapter 7 bankruptcy if: ● The tax debt is at least 3 years old. The tax return for such taxes must have been due at least 3 years before...

Knowing The Rules Of Evidence Can Make You A Better Lawyer

I see a lot of attorneys that routinely file motions in federal court that are based on declaration testimony and documentary evidence which is clearly inadmissible under the Federal Rules of Evidence. Fortunately for them, opposing counsel routinely does not...

California Supreme Court Rules Judgment on Demurrer No Bar

When did the California Supreme Court make this ruling? In 1952. Nevertheless, most attorneys in California either pack up and quit after a judgment on demurrer or file a lengthy and expensive appeal which can take up to two years....

Avoiding Preferential Transfers When The Bankruptcy Trustee Doesn’t

With few exceptions, when an unsecured creditor has received one or more payments or other transfers totaling at least $600 from an individual consumer debtor within 90 days prior to a bankruptcy filing, the creditor has received what is known...