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Author Archives: Michael J. Berger

USBC Judge Albert sent a strong message to SH&B LLP completely denying their $211K Fee Application + making them disgorge $58K

Below is an article published today in the Daily Journal regarding a case in which I successfully opposed a $211,889.50 fee application from Debtor’s prior bankruptcy counsel, Schulman Hodges & Bastian, as well as my client’s five star review of my services:    OCTOBER 24, 2014 | BANKRUPTCY Judge slaps Shulman Hodges with fee denial, […]

When Should You Declare Bankruptcy?

 In this tough economy being in debt is an accepted norm. Credit card companies entice American households with irresistible offers to extend credit or loans. While these offers may seem good, accepting more credit and going further into debt may lead you into debt overload. You may have difficulty determining when you’ve gone over the […]

Bankruptcy Process: Can a Creditor Prevent a Discharge?

There are a number of reasons that lead people to filing for personal bankruptcy.  Among the top causes are accumulated debts from: medical expenses, loss of employment, separation or divorce, excessive use of credit and unexpected expenses.  All of these situations can quickly spin out of control and leave you with little or no resources […]

Can I Choose Between Federal and State Bankruptcy Exemptions in California?

Your state of residence determines the exemption options available when you file for bankruptcy. California residents cannot use federal exemptions. However, they still have a choice, because there are two systems for taking bankruptcy exemptions in California. As explained by the California Courts, the state provides debtors with the following exemption options: Section 704. Filers […]

Preparing for Life After Bankruptcy

Filing for bankruptcy is not the end of the world — nor is it the end of your financial vitality. Although your credit report may have been damaged and you’ll temporarily have a tough time getting a loan or credit card, there can also be benefits of going through bankruptcy. It can be a starting […]

Discharge Student Loan Debt in an Adversary Proceeding

Many students enter into college or university without truly understanding the cost of higher education. Typically, students sign for student loans to fray the cost of tuition, books and living expenses not to be thought about again until after graduation. Borrowers can rack up over $300,000 in loans before realizing that they may never earn […]

What are the Documentation Requirements to Petition for Chapter 11 Business Bankruptcy?

The documentation requirements for filing Chapter 11 business bankruptcy are as complex as the mountains of paperwork needed to run a business. However, the trustee needs detailed information to determine if your repayment plans are likely to succeed. Businesses need support from highly experienced attorneys to meet all court requirements and move toward a full […]

Proactive Bankruptcy – It Pays to Get Good Advice Early

If you are considering bankruptcy as a solution to your debt problems, you can save time and money by seeking good legal advice early to make a strategic plan. This is especially true if many of your debts are already in collections or you have received notices of foreclosure. While some people may need to […]

Does My Debt Pass to My Former Spouse in a Chapter 7 Bankruptcy Discharge in Los Angeles?

During divorce, filing bankruptcy can add significant complexity to the discharge based on the terms of the settlement agreement and the details of any outstanding debt. Divorcing couples in Los Angeles must deal with California community property requirements along with bankruptcy rules pertaining to non-dischargeable debt. Therefore, they need legal support from an attorney who […]

Can I File for Chapter 13 Bankruptcy Even if I Qualify for Chapter 7?

Individuals who qualify for Chapter 7 must pass a means test to determine if low assets and income might prevent them from repaying outstanding debt. However, some people with relatively low income and assets can potentially negotiate repayment terms that make filing for Chapter 13 a viable option. As part of the restructuring process, an […]

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