Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

Free - 2010 Bankruptcy Strategies Explained

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California Bankruptcy Alternative Resources - Credit Cards

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 for review and respond to all requests within 3 business days.

Credit Card Information

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

Kontrick v. Ryan, No. 02-819 (2009), Argued November 3, 2008, Decided January 14, 2009, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. A creditor in Chapter 7 liquidation proceedings has "60 days after the first date set for the meeting of creditors" to file a complaint objecting to the debtor's discharge. Fed. Rule Bankruptcy Proc. 4004(a). The bankruptcy court may extend that period "for cause" on motion "filed before the time has expired." Fed. Rule Bankruptcy Proc. 4004(b). Reinforcing Rule 4004(b)'s restriction on extension of the Rule 4004(a) deadline, Rule 9006(b)(3) allows enlargement of "the time for taking action" under Rule 4004(a) "only to the extent and under the conditions stated in that rule," i.e., only as permitted by Rule 4004(b). Held: a debtor forfeits the right to rely on Rule 4004 if the debtor does not raise the Rule's time limitation before the court considers a creditor's objection to discharge. Only Congress may determine a lower federal court's subject matter jurisdiction.  U.S. Const., Art. III, Sec. 1. The Code establishes objections to discharges as core proceedings within the courts' jurisdiction. 28 U.S.C. Sec. 157(b)(2)(J). Congress did not include time constraints within the Code. As Bankruptcy Rule 9030 states, the Bankruptcy Rules shall not be construed to extend or limit the jurisdiction of the courts. The filing deadlines prescribed in Rules 4004 and 9006(b)(3) are claim-processing rules that do not determine subject matter jurisdiction.

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 chose to list pertain in some way to filing California Bankruptcy, whether laws, discharge, reorganization or other topics . Vast areas of law apply to California Bankruptcy case proceedings and are enforced by the courts within each case. As new California Bankruptcy laws are enacted each year, the scope of this website continues to grow.