|
News -
Industry News
|
Many times people come into my office and want to file a chapter 7 but they are worried about losing their home in bankruptcy. Often, this fear probably means they have delayed seeking some advice for a very long time. In most instances, the chapter 7 trustee is not going to sell your home to [...]  |
|
Read more... [I Think I Need To File A Chapter 7 But I’m Scared I May Lose My Home!]
|
|
News -
Industry News
|
Sigh. I hate loan modifications. I just got off the phone with a potential bankruptcy client. This call was from yet another borrower who has been working on a loan modification for months, but now is looking for a attorney to file an emergency Chapter 13 to try to save her house. In this case, the [...]  |
|
Read more... [Can Bankruptcy Help a Mortgage Modification Gone Bad?]
|
|
News -
Industry News
|
|
Bankruptcy filings let upHonolulu Star-AdvertiserFarmer said the number of bankruptcy filings has varied widely in cities around the country, with places like Las Vegas and California getting hit the ...and more » |
|
|
Read more... [Bankruptcy filings let up - Honolulu Star-Advertiser]
|
|
News -
Industry News
|
|
Second District, Division 3 Remands For Costs-of-Proof Award Recalculation. Under our sidebar category “Requests for Admissions,” we have looked at many decisions examining the costs-of-proof statute set forth in Code of Civil Procedure section 2033.420(a), which allows the court to... |
|
Read more... [Requests for Admissions: Court Of Appeal Reverses $55,420 Costs-of-Proof Award Against Legal Malpractice Plaintiff]
|
|
News -
Industry News
|
|
Second District, Division 4 Nixes Appellant’s Reliance on Parsed Language from Butler-Rupp. In Sherwyn v. Nathaniel, Case No. B215666 (2d Dist., Div. 4 Sept. 1, 2010) (unpublished), defendant defensed plaintiff attorney in a jury trial involving attorney’s effort to collect... |
|
Read more... [Section 1717 And Appealability: Post-Jury Fee Award Was Appealable, Not Premature, Under Section 1717.]
|
|
News -
Industry News
|
|
Second District, Division 4 Parts Company With Dicta in Yassin. Under our category “Special Fee Shifting Statutes,” we have explored decisions examining the construction prompt payment statutes (most of which are contained in the Civil Code). For example, in Yassin... |
|
Read more... [Prompt Payment Statutes: Despite Ambiguous Statutory Language, Court Of Appeal Determines Attorneys Fees Are Available To Prevailing Party Determining Under Civil Code Section 3260.1(b)]
|
|
News -
Industry News
|
|
Appellate Court Details Proper Application of Mir. Business and Professions Code section 809.9 provides that the court shall award attorney’s fees “to a substantially prevailing party” in a peer review lawsuit “if the other party’s conduct in bringing, defending, or... |
|
Read more... [Special Fee Shifting Statute: Fifth District Clarifies Bad Faith Standard Of Business And Professions Code Section 809.9]
|
|
News -
Industry News
|
Before the Home Affordable Modification Program (HAMP) came into existence if a client’s house was in foreclosure you had two basic options: Either file a Chapter 7 bankruptcy and give the house back to the creditor, or file a Chapter 13 and pay the arrearages though a Chapter 13 Plan. Very rarely would a creditor [...]  |
|
Read more... [Foreclosure, HAMP & Chapter 13 Bankruptcy]
|
|
News -
Industry News
|
You’ve finally hired a bankruptcy lawyer. You’ve done your research and found a lawyer with whom you think you can have a good working relationship. How do you preserve that good working relationship through the course of your bankruptcy case? I’m going to focus on things that are particularly relevant to bankruptcy cases, rather than [...]  |
|
Read more... [Stay on Your Bankruptcy Lawyer’s Good Side]
|
|
News -
Industry News
|
|
Investors confront ex-brokerOrlando Sentinel"It was my life savings," Forsythe said Wednesday during a hearing in US Bankruptcy Court in Orlando. "He was supposed to roll my money over into a new IRA. ... |
|
|
Read more... [Investors confront ex-broker - Orlando Sentinel]
|
|
News -
Industry News
|
|
Fee Eligibility for Establishing Precedent on Challenged Practice is Key Issue. In Serrano v. Stefan Merli Plastering Co., 184 Cal.App.4th 178 (2d Dist., Div. 3 Apr. 28, 2010), attorney’s fees were denied to a plaintiff successfully challenging certain court reporting... |
|
Read more... [Private Attorney General Statute And Cases Pending: Serrano Case From Second District Accepted for California Supreme Court Review]
|
|
News -
Industry News
|
|
August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney’s fees awards. Miller v. Lifestyles Senior Housing Managers, Case No. C059843... |
|
Read more... [Arbitration: Published And Unpublished Decisions Illustrate Deference Given To Arbitrators Final Awards Regarding Attorneys Fees]
|
|
News -
Industry News
|
A sure way to stop creditors from contacting you is to file for bankruptcy protection. Under the Bankruptcy Code, once you file with the Court, an order called the “automatic stay” goes into effect immediately and without you or your attorney doing anything more than filing your petition. But, if you are saving your money [...]  |
|
Read more... [What Can I Do To Stop Creditors From Contacting Me?]
|
|
News -
Industry News
|
|
American Pie Producer Files for BankruptcyWall Street Journal (blog)The Michigan native owes the state of California $518630 in back taxes, the Detroit News reported. His bankruptcy petition didn't list specific debts, ... |
|
|
Read more... [American Pie Producer Files for Bankruptcy - Wall Street Journal (blog)]
|
|
|
