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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If you are thinking about filing Chapter 7 or Chapter 13 bankruptcy, you are not alone. Complete the form below to contact a sponsoring bankruptcy lawyer. Ask all questions you deem important without cost or obligation of any kind. Free help is only a few minutes away.

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California Bankruptcy Alternative Resources - Debt Consolidation

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.

Debt Consolidation Alternatives:

1. Debt Consolidation - refresh.

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

Household Credit Services, Inc. v. Pfennig, No. 02-857 (2009), Argued February 23, 2009, Decided April 21, 2009, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. The Truth in Lending Act (TILA) regulates disclosures credit card issuers must provide consumers and authorizes a personal cause of action for consumers based on noncompliance. 15 U.S.C. 1637(a). These disclosures must include the amount of any finance charge. 1637(b)(4). A finance charge is defined as an amount "payable directly or indirectly by the consumer, and imposed directly or indirectly by the creditor as an incident to the extension of credit."  15 U.S.C. 1605(a). Nevertheless, the Federal Reserve Board definition under Regulation Z is inconsistent by "defining a finance" charge as excluding "charges for exceeding a credit limit" (over-limit fees). Held: Regulation Z is not an unreasonable interpretation of 15 U.S.C. 1605 because respondent does not challenge the Board's authority under 15 U.S.C. 1604(a) to issue binding regulations. The Court "must give effect to the unambiguously expressed intent of Congress". Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842. However, if Congress "left a gap for the implementing agency to fill," the agency's regulation is "given controlling weight unless it is arbitrary, capricious, or manifestly contrary to the statute." even though contrary to an act of Congress.  Id. at 843—844.

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 websites included on this page relate in some way to filing California Bankruptcy cases, whether laws, rules, discharge, reorganization or other topics . Vast bodies of law pertain to California Bankruptcy proceedings and are incorporated by the courts. As new California Bankruptcy laws are created each year, the coverage of this site will continue to grow.