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Wednesday, September 30, 2020

EVEN SOME ATTORNEYS DON'T UNDERSTAND BANKRUPTCY LAW?

 Bankruptcy is a fairly complicated process and although there are several types of bankruptcy, what we most often see in family law, is Chapter 7 and Chapter 13 filings.  Bankruptcy, if done properly, can be a real benefit for some people, especially the automatic stay which in general, stops most creditor actions and other actions. 

However, it doesn't always stop "everything" and the bankruptcy codes are not exactly the most simplistic thing in the world?  

Apparently, just because a judge says that money in an escrow account is or is not part of a bankruptcy case, be sure you ACTUALLY know the bankruptcy rule and how it is applied, before you either confuse others, or make a huge mistake?  We just saw evidence of an attorney telling us that the client had to legally do something, which was completely UNTRUE??




Although bankruptcy filings have likely increased due to COVID related issues, not everyone will be a candidate for bankruptcy filing.  For example, see  https://www.pmbankruptcy.com/, attorney Pete Macaluso, in Sacramento.... or attorney Michael Hays, CHICO bankruptcy attorney  http://www.mhayslaw.com/. I have known Pete since the 1990's, and Mr. Hays is almost an icon attorney in Chico!

There are some family law attorneys that do not understand bankruptcy apparently.....so if you have a bankruptcy issue, or are not sure if you have such an issue, you should check if your family law case involves a bankruptcy eventually, especially if taxes or liens or overdue government bills are owing? Some real property liens can be avoided with various programs, but you will likely have to qualify.

Interesting read on what gets discharged in BK, drunk driving...................

https://www.southerncaliforniabankruptcylawblog.com/2017/11/25/drunk-driving-debt-dischargable-if-debtor-was-the-injured-person/

See  https://procedurallytaxing.com/avoiding-the-federal-tax-lien-securing-penalties-in-a-bankruptcy-case/

https://www.clarkhill.com/alerts/automatic-stay-violations-and-punitive-damages


                                                                      LOL LOL LOL

                                       JUST BLAME IT ON THAT FREAKIN' COVID !!!