Blog Posts in 2007

All Posts
  • Gambling Debts Unenforceable in Bankruptcy Court
    Gambling Debts Unenforceable in Bankruptcy Court

    In a refreshing and insightful opinion, the Wisconsin Bankruptcy Court determined that gambling debts could not be recovered in a bankruptcy court context. The case is In re Jafari — B.R. —-, 2007 WL ...

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  • Ninth Circuit BAP: Means Test is Starting Point for Chapter 13
    Ninth Circuit BAP: Means Test is Starting Point for Chapter 13

    One of the raging debates in Chapter 13 bankruptcy circles is whether projected disposable income for above-median debtors (the amount to be paid to unsecured creditors) is determined using figures ...

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  • Hearings on Allowing Mortgage Modification in Chapter 13
    Hearings on Allowing Mortgage Modification in Chapter 13

    The House Judiciary Committee is holding hearings on “Straightening Out the Mortgage Mess”. The question is whether Sec. 1322(b)(2) should be amended to allow modification of home mortgages. ...

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  • Bankruptcy Filings Are Increasing
    Bankruptcy Filings Are Increasing

    I have noticed that I am getting quite a few new bankruptcy appointments now and I am wondering if that means bankruptcy filings will be picking up. So, I went to the stats page to see what the trends ...

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  • Stripping Off Junior Liens
    Stripping Off Junior Liens

    One of the commonly known facts about bankruptcy is that in general you cannot modify a mortgage secured by your principal residence. This means that if you have an adjustable rate mortgage and the ...

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  • N.D Cal. – Applicable Committment Period is a Multiplier, not a Time Period
    N.D Cal. – Applicable Committment Period is a Multiplier, not a Time Period

    One of the requirements in a Chapter 13 case is that a debtor contribute all of his “projected disposable income” to unsecured creditors during the “applicable commitment period.” The applicable ...

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