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 - Loans and Mortgages

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.

Loan and Mortgage Lenders and Topics:

1. Mortgages - refresh.

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

Archer v. Warner, Docket Number: 01-1418 IN THE SUPREME COURT OF THE UNITED STATES ON PETITION FOR WRIT OF CERTIORARI, Argued January 13, 2008, Decided March 31, 2008. Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer. Later, the Archers sued the Warners for fraud related to the sale. This suit was settled. According to the settlement agreement, the Archers released the Warners of all liability except for a $100,000 promissory note. After the suit  was voluntarily dismissed, the Warners defaulted on the first payment due on the note. The Archers then sued the Warners for collection in state court, and in turn, the Warners filed Chapter 7. The Archers objected to the discharge of their note. The Code states a debt shall not be dischargeable "to the extent it is for money obtained by false pretenses, a false representation, or actual fraud." This motion was denied and discharge of liability for payment of the note was granted. The District Court and Court of Appeals affirmed. Held: In a 7-2 opinion, the Court concluded "the Archers' settlement agreement and release of liability may have worked a kind of novation, but that fact does not bar the Archers from showing that the settlement debt arose out of 'false pretences, a false representation, or actual fraud,' and consequently is nondischargeable." If a release of liability is obtained by fraud, the release within the agreement is voidable.

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 third-party sites include pertain in some way to California Bankruptcy cases, whether laws, rules of evidence, rules of procedure, confirmation, discharge, reorganization, or one of many other topics . Large bodies of law pertain to California Bankruptcy proceedings must be honored by the courts. As new California Bankruptcy laws are established each year, the scope of this website will continue to expand.