AdminMar 9, 20195 min readTrial over Homestead Exemption Addresses Intent of DebtorIn April 2018, the U.S. Court of Appeals for the Ninth Circuit vacated a bankruptcy court judgment allowing a judgment debtor a $ 100,000...
AdminSep 3, 20182 min readThe "Automatic Stay" is NOT MonolithicOn August 31, 2018, this office secured a state court ruling assigning a judgment debtor’s earnings from the practice of law and an...
AdminApr 17, 20181 min readABI National Coverage!Rochelle's Daily Wire ("RDW") is a publication of the American Bankruptcy Institute. Distributed each weekday by email, RDW reaches...
AdminApr 15, 20181 min readNinth Circuit Nixes Homestead Exemption Award and Vacates Decisions by Central District JudgesIt was Friday the 13th of April... and bad luck for U.S. District Judge David O. Carter of the Central District of California and Judge...
AdminSep 6, 20171 min readNinth Circuit to Hear Client's Challenge to Debtor's Homestead Exemption ClaimIn California, as elsewhere, a debtor's claim to a homestead exemption is essentially a "holy cow." This office has now scrapped with two...
AdminSep 5, 20171 min readTrial Leads to Denial of Discharge for Attorney-DebtorAfter five years of litigation and three days of trial, this office secured a ruling denying a discharge in bankruptcy to an attorney who...
AdminSep 4, 20172 min readNinth Circuit Shoots Down Major Post-Siegel DecisionLaw v. Siegel, - U.S. -, 134 S.Ct. 1188 (2014), holds that bankruptcy courts may not use their equitable powers to contravene the...
AdminSep 4, 20173 min readA Victory for California Creditors and a Published Decision Picks Up SteamAn attorney named Kevan Gilman filed a Chapter 7 bankruptcy. Relying on California law, he asserted he was disabled and claimed an...