California Bankruptcy Resources

The sites below were reviewed for content which is relevant to the California bankruptcy issues appearing within this site. For more information regarding our selection of sites, please see our review policy. We welcome all sites submitted which are relevant to California bankruptcy issues. We respond to all requests within 3 business days.

Official sites:

1. U.S. Bankruptcy Court for the Northern District of California
2. U S Bankruptcy Court for the Eastern District of California
3. U S Bankruptcy Court for the Central District of California
4. U S Bankruptcy Court for the Southern District of California

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Recent Notable Opinions of the Supreme Court of The United States:

Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9, 2002, Decided March 4, 2002. Cornelius and Suzanne Young failed to include payment with their 1992 income tax return filed on October 15, 1993. After filing Ch. 13, the IRS assessed tax liability and the Ch. 13 case was later dismissed for their inability to pay taxes through the plan. A new case initiated under Ch. 7 resulted in discharge of the Young's debts. Under the Code, the IRS generally maintains a priority for payment  for taxes due within three years of filing a petition under 11 USC 507(a)(8)(A)(i). This priority renders recent taxes non-dischargeable according to 11 U.S.C. 523(a)(1)(A). When the IRS subsequently demanded payment after the Ch. 7 discharge, the Youngs filed a motion to reopen their Chapter 7 case and specifically discharge all taxes demanded because liability arose before the 11 U.S.C. 507(a)(8)(A)(i) three-year look-back period. The District Court found for the IRS, holding the look-back period was tolled while the Ch. 13 case was pending, and further concluded the 1992 debt had not been eliminated by the Young's Ch. 7 discharge even though no objection to discharge was filed. The Court of Appeals affirmed the California Bankruptcy Court. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the Court determined the 11 U.S.C. 507(a)(8)(A)(i) look-back period was tolled during the pendency of the Chapter 13 case upon the filing of the petition. Justice Scalia reasoned the look-back period was tolled by operation of law because the Code does not explicitly prohibit equitable tolling in favor of the IRS. The implication of this decision affects all California bankruptcy cases. The look-back period applicable to taxes assessed by the State of California are also presumably tolled by initiating any California bankruptcy proceeding.

Recent Notable Opinions from California Bankruptcy Courts

In re Adler, Case Number 01-51848-ASW, Adversary No. 01-5174, before the California Bankruptcy Court for the Northern District. Facts: Adler amassed approximately $211,000 in student loan loans in the course of receiving a PhD in 1991. For the next 10 years, he practiced as a licensed psychologist. He and his wife filed California bankruptcy under Chapter 7 while jointly earning approximately $76,000 per year. Their take-home pay was approximately $4,022 per month and monthly expenses was approximately $3,844. Additionally, the Adlers owed approximately $1,200 per month for payments on student loans. Issue: are the Adler student loans dischargeable? The California Bankruptcy Court for the Northern District held yes, the loans are dischargeable. Under 11 U.S.C. 523(a), student loans are not dischargeable, subject to "(8) for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit . . .unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor's dependents." The California Bankruptcy Court for the Northern District. determined hardship was established.

The resources we list relate in some way to filing California Bankruptcy, whether laws, discharge, reorganization or other topics. Vast bodies of law apply to California Bankruptcy proceedings and are incorporated by the courts within each case. As new California Bankruptcy laws are enacted each year, the scope of this website continues to grow.