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San Jose Bankruptcy Blog

Ninth Circuit Court of Appeals Standards of Review

March 14, 2023
by Ryan C Wood
Abuse of Discretion, Bankruptcy Appeals, Clear Error, Equitable Mootness, Ninth Circuit, Standards of Review
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By Ryan C. Wood There are numerous “standards of review” regarding bankruptcy and appellate matters.  Some standards are wobblers, abuse of discretion, clear erroneous, based on what legal standard?  For bankruptcy attorneys it can be challenging identifying how the Bankrupt
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Can I File Bankruptcy and Continue or Start to Make Charitable Contributions?

May 20, 2022
by Ryan C Wood
Bankruptcy, Charitable Contributions, Disposable Income, Section 548
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By Ryan C. Wood Yes, yes you can continue to make charitable contributions depending upon the amount donated.  There are all kinds of charities to donate to.  The charity also must be a valid tax-exempt entity.  Never forget you may also give the gift of life with blood donations.  Th
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What Is The Downside Of Filing Bankruptcy?

April 10, 2022
by Ryan C Wood
Downside, Filing Bankruptcy, Life After Bankruptcy
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By Ryan C. Wood There should not be much of a downside when filing for bankruptcy protection under most circumstances.  Your real-life circumstances are the problem and created the negatives in your current life.  Bankruptcy should do nothing but improve your life.  The
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What Happens When I Declare Bankruptcy?

March 19, 2022
by Ryan C Wood
Automatic Stay, Declare Bankruptcy, Discharge of Debts, What Happens
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By Ryan C. Wood For most bankruptcy filers the most important thing that happens is after declaring bankruptcy and filing your petition is the automatic stay takes effect stopping all debt collection activity such as lawsuits, foreclosures, repossessions, wage garnishment, phone calls
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Does Your Limited Liability Company Operating Agreement Allow The Managing Member to File Bankruptcy For the LLC?

September 26, 2021
by Ryan C Wood
Authority To File, Limited Liability Company, Managing Member, Ordinary Course of Business
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By Ryan C. Wood The issue here may not be readily apparent.   So let us add some facts and context.  A limited liability company is formed under state law and in this case there are multiple owners of the limited liability company with one managing member.  Can the
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Argument Your Judge is Not Impartial and Prejudiced Against You

November 14, 2020
by Ryan C Wood
Appeal, Bankruptcy, Impartial Judge
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By Ryan C. Wood Yeah, good luck with that argument.  So do not even make the argument if you lose a decision.  If you want to be a martyr for every person that ever thought their judge in their case had it in for them be my guest.  For the rest of you out there do not m
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Can I Voluntarily Dismiss My Chapter 7 Bankruptcy Case?

October 04, 2020
by Ryan C Wood
Chapter 7 Bankruptcy, Motion to Dismiss Chapter 7 Case, Voluntary Dismissal
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By Ryan C. Wood It is possible to voluntarily dismiss a chapter 7 case, but rarely successful and it is never a good look or good position to be in.  Chapter 13 cases have procedures for a debtor to file a motion to voluntarily dismiss the case and most chapter 13 trustee’s will seek
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Recent Blog Posts

  • Ninth Circuit Court of Appeals Standards of Review
  • Can I File Bankruptcy and Continue or Start to Make Charitable Contributions?
  • What Is The Downside Of Filing Bankruptcy?
  • What Happens When I Declare Bankruptcy?

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