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San Jose Bankruptcy Blog

California Statute of Limitations and Bankruptcy Discharge

September 13, 2019
by Ryan C Wood
Bankruptcy Discharge, CCP 337, CCP 356, Statute of Limitations, Tolling
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By Ryan C. Wood A strange Ninth Circuit Bankruptcy Appellate Panel opinion was published on September 3, 2019, about the California statute of limitation laws and the effect of a bankruptcy discharge on the applicable statute of limitations.  The claim in question in this bankrup
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Debts Incurred During Marriage and Filing Bankruptcy After Divorce

June 18, 2019
by Ryan C Wood
Bankruptcy, California Family Code 916, Chapter 13, Chapter 7, Community Discharge, Marrital Settlement Agreements
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Marital settlement agreements trump a chapter 7 discharge of debts. You still have an obligation to former spouse. Chapter 13 can discharge obligations from marital settlement agreements.
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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
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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
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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
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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
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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.
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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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