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San Jose Bankruptcy Blog

Why Payday Loans And Title Loans Need More Regulation And Not Less

February 19, 2019
by Ryan C Wood
CFBP, Consumer Financial Protection Bureau, Payday Loans, Regulations, Title Loans
0 Comment
By Ryan C. Wood I was shocked to read that on February 6, 2019, the Consumer Financial Protection Bureau (CFPB) is proposing to rescind provisions of the 2017 final rule providing consumer protections for payday loans, vehicle title loans and other high cost installment loans. For the
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USA Gymnastics Lawsuits Force Filing of Chapter 11 Bankruptcy

December 06, 2018
by Ryan C Wood
Bankruptcy, Chapter 11, Larry Nasser, lawsuits, USA Gymnastics
0 Comment
By Ryan C. Wood Today, December 5, 2018, USA Gymnastics, Inc., a 501(c)(3) tax exempt organization, unfortunately filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code in the Southern District of Indiana; Bankr. Case No. 18-09108-RML-11. The filing of the Chapter 11
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Child Support Arrears Do Not Have To Be In Full In Chapter 13 Plans

September 27, 2018
by Ryan C Wood
Chapter 13 Bankruptcy, Chapter 13 Plans, Child Support Arrears, Section 507
0 Comment
By Ryan C. Wood It recently came to my attention that there is a misconception about child support arrears and other priority claims in chapter 13 bankruptcy cases. This is not about current ongoing child support payments but the missed payments as of the date the case is filed or oth
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What If I Wrote A Check That Did Not Clear Before Filing For Bankruptcy?

May 11, 2018
by Ryan C Wood
Section 547, Section 549, Straddle Check, Uncashed Checks
0 Comment
By Ryan C. Wood This is an issue that comes up quite a bit believe it or not. The issue for consumer bankruptcy cases is scheduling the bankruptcy filer’s assets properly in Schedule B at the time the case is filed if a check is outstanding but not yet cashed. In a recent Ninth Circui
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Hard To Read But American Chopper’s Paul Teutul Sr. Filed Chapter 13 Bankruptcy

March 15, 2018
by Ryan C Wood
American Chopper, Bankruptcy, Chapter 13, Paul Teutul, Sr.
0 Comment
By Ryan C. Wood As a fan of the reality series American Chopper I recently heard that the series was being revived. I searched for when it would air and to my dismay I also read that Paul Teutul Sr. filed for bankruptcy under Chapter 13 of the Bankruptcy Code in New York. I have watch
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Why Are Chapter 13 Debt Limitations Pursuant to Section 109(e) Not Jurisdictional?

January 19, 2018
by Ryan C Wood
109(e) Debt Limitations; Chapter 13 Bankruptcy; Debt Adjudgment
0 Comment
By Ryan C. Wood Sadly the Chapter 13 Bankruptcy reorganization debt limitations pursuant to 11 U.S.C. §109(e) are entirely unfair to bankruptcy filers and should have been changed many years ago. The problem is these debt limitations are creating unequal results more or less based upo
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If The Owner of The Property I Am Leasing Files For Bankruptcy What Happens To My Lease Agreement?

June 17, 2017
by Ryan C Wood
Assume, Bankruptcy, Extinguish, Leases, Reject
0 Comment
By Ryan C. Wood This is a common question when an owner of a strip-mall or large real property owner seeks bankruptcy protection under the Bankruptcy Code. There could be many unexpired lease agreements that must be dealt with in the bankruptcy case. What happens depends upon whether
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