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Author Archives: Michael J. Berger

The CARES Act, The COMOD and Chapter 13 Plan Infeasibility

With the enactment of the CARES Act, Chapter 13 Debtors can now get temporary relief from making their plan payments to the Chapter 13 Trustee through a stipulation called a COMOD Stipulation. The COMOD Stipulation allows Debtors to suspend up to 3 plan payments and/or extend the 60-month plan by 3 months, if necessary. For […]

Could the COVID-19 Pandemic Lead to the End of Medical Bankruptcy?

In the middle of an election year where healthcare is already a hotly debated issue, the COVID-19 pandemic has stirred further discussion about whether major changes are necessary. During the Democratic presidential primary, the concept of Medicare for All split the candidates. While the candidate who promoted that concept has since dropped out of the […]

In these trying times, bankruptcy law is more important than ever!

In these trying times, bankruptcy law is more important than ever! That is why, since the Stay At Home Order went into effect, we have worked tirelessly to keep operations at our firm up and running for all of our current clients and potential new clients. Though we, too, are affected by the state-wide Stay […]

Always Learning More

At the Law Offices of Michael Jay Berger, my associate attorneys and I are always learning more. Every month, I take educational classes on bankruptcy topics. Tomorrow, I am attending a class at Southwestern Law School with United States Bankruptcy Court Judge Neil Bason. This program has the catchy title, “Attorney Conduct and What to […]

Experienced Chapter 11 Bankruptcy Paralegal Wanted

Help! I need another great bankruptcy paralegal to join my team. Do you know anyone that might be interested in working for me? Chapter 11 Bankruptcy Paralegal Wanted $55,000.00+/Year! I am a Certified Specialist in Bankruptcy Law with 37 years of bankruptcy experience. For more information about me and my firm, see my website www.bankruptcypower.com. […]

California Bankruptcy Forum Annual Insolvency Conference

Every year, I participate in the California Bankruptcy Forum’s Annual Insolvency Conference.  This is a great way to mingle with California Bankruptcy Court Judges and other bankruptcy attorneys, get lots of relevant continuing education, and have lots of fun.  This year, the conference was held in Napa, California and I brought ALL of my attorneys.  […]

Should Small Business Owners Choose Chapter 11 or 13 Bankruptcy?

In California, many small businesses are facing increased financial difficulties due to tough economic conditions. For companies facing decreasing profits and large amounts of debt, bankruptcy might be the only option. Under current bankruptcy laws, there are two options for debtors who wish to remain in business — restructuring debt in Chapter 11 or building […]

Giving Up Real Estate in a Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy, the trustee may sell a portion of the debtor’s property in attempts to repay creditors. Not everything has to be turned over to the bankruptcy trustee, however, as California bankruptcy laws allow the debtor to keep exempt property. Property that is exempt is considered to be the “necessities of modern […]

Your Rights Under the Fair Debt Collection Practices Act

It’s fairly common for consumers who have fallen behind on their payments for various debts to be confronted by collection agencies. Although debt collectors may be intimidating at times, you may need to deal with them, at least for a short period of time. However, this does not mean you must go against your creditors […]

Getting Compensatory Damages for the Willful Violation of the Automatic Stay Under 11 U.S.C. § 362(k)(1)

Do not violate the automatic stay.  If you do, it may cost you thousands of dollars.  This is the lesson that United States Bankruptcy Court Judge Julia Brand and I taught my client Alvaro Garcia’s largest Judgment Creditor and its counsel.  On February 3, 2015, in a case entitled, In re Alvaro Garcia, Case No. […]


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