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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. […]
How the Liquidation of Assets Works in Chapter 7
Many people fear they will be left with nothing when filing for Chapter 7 bankruptcy, but that is not the case at all. Chapter 7 liquidates your assets and uses the proceeds to pay back creditors. After assets have been liquidated and the creditors paid back, you may then be free of all consumer debts […]
Successful Voluntary Dismissal of a Chapter 7 Asset Case
Shout out to my Associate Attorney Maryam Behrouzi! Maryam prepared a Motion to Voluntarily Dismiss Chapter 7 Bankruptcy that was opposed by the Chapter 7 Trustee Elissa Miller and the law firm SulmeyerKupetz, both of which stood to make tens of thousands of dollars in additional administrative fees if the case was not dismissed. Debtor’s […]
Payday Loans: Not a Sustainable Solution to Financial Problems
For millions of Americans struggling over the past several years due to a sluggish economy and job market, payday loans have become a last-resort option to get money quickly. Although payday loans are easy to obtain and do not require a credit check, making them one of the few viable options for low-income families, they […]
Attorney Uses Long Distance Running to Stay Healthy
Wednesday, December 31, 2014 Attorney uses long distance running to stay healthy By Alex Shively Daily Journal Staff Writer For Michael Jay Berger, staying fit isn’t a sprint, it’s a marathon – and then some. At 57, the Beverly Hills bankruptcy specialist is an avid runner who finds time for routine training and, occasionally, more […]
Tips for Dealing with Aggressive Debt Collectors
The Rosenthal Act, a law specific to California, prohibits collections agencies from engaging in abusive activities. But if debt collectors are not following the law and become too insistent, you should know that you have a legal right to make them stop. Debt collectors from collection agencies are prohibited from the following: Calling repeatedly Calling […]
Medical Bills, Job Loss Among Top Reason for Bankruptcy in US
Approximately 1.7 million people will file for bankruptcy protection this year, and about 56 million adults will struggle with health care-related bills in 2014. There has been a significant increase in Americans being unable to pay off their debts over the past 20 years — and Congress has responded by making it more difficult to […]
Columnist: Congress Needs to Change Student Loan Bankruptcy Rules
Seven out of 10 college seniors graduated with student debt in 2012. From 2008 to 2012, debt at the time of graduation increased an average of six percent each year. In California, college graduates have an average of more than $20,000 of student debt. Although there has been an overall increase in student debt, there […]
What is the Role of Automatic Stay in Bankruptcy?
When filing for bankruptcy protection, a concept called an automatic stay protects a debtor from creditors and puts a halt to any lawsuits filed against that person. In additions, it also protects debtors from actions against their property from a creditor or collection agency. The automatic stay can be a major benefit when filing for […]
In Bankruptcy, GT Advanced Attempts to Expose Apple’s Disclosure Requirements
GT Advanced Technologies, the company that was to supply Apple with scratch-resistant sapphire, is attempting to expose some of the details of its Chapter 11 bankruptcy filing. Originally, the company wanted to seal certain documents or file them in redacted forms. The information GT Advanced now seeks to release would allegedly describe the partnership with […]
