Category Archives: Chapter 7 Trustee

US Supreme Court Decision in In re Law Limits Courts’ Discretion to Paint Debtors with the “Bad Faith” Brush

Nearly a year ago, The Supreme Court held in Law v. Siegel (In re Law), No. 12-5196, 571 U.S. ___ (March 4, 2014), that despite a debtor’s misdeeds, the Bankruptcy Court still has to follow the Bankruptcy Code and can’t just dispense its own sense of justice ad hoc. This same reasoning was recently applied […]

Also posted in Bankruptcy Exemptions, Chapter 7 Bankruptcy | Tagged , , | Comments closed

Why a Sole Proprietor Filing Chapter 7 Bankruptcy Had Better Retain a Good Bankruptcy Lawyer

My simple advice to self-employed business owners needing to file bankruptcy, is to consider filing Chapter 13 bankruptcy. But let’s say that there is some reason why the debtor cannot file a Chapter 13–for example, she has debts greater than the limits set for Chapter 13. If you own and operate a small business as […]

Also posted in Bankruptcy Exemptions, Chapter 7 Bankruptcy | Tagged , , , | Comments closed

Reversing Fraudulent Transfers Before Filing Bankruptcy in San Jose

Several weeks ago I posted a piece on this blog outlining what constitutes a “fraudulent transfer” prior to filing bankruptcy and the disastrous consequences such transfers create for the debtor in bankruptcy. Most commonly in the consumer bankruptcy context, a fraudulent transfer occurs when, prior to filing bankruptcy, one transfers an asset to someone else […]

Also posted in Bankruptcy Basics, Bankruptcy Discharge, Bankruptcy in General, Chapter 7 Bankruptcy, Fraudulent Transfers | Tagged , , , | Comments closed

Why You Should Never Repay Money You Owe Mom Before Filing Bankruptcy

Given the choice of paying back debts to strangers, like credit card companies, and paying back a debt to a family member or other “insider,” nearly everyone would of course choose to pay back the family member first, right? Of course they would. Doing so within one year before filing bankruptcy, however, may be the […]

Also posted in Chapter 7 Bankruptcy | Tagged , , , , | Comments closed

Joint Tenancy Title Among Non-Spouses Can Lead to Disaster in Bankruptcy

I’ve written before about the problems joint tenancy title in the estate planning context. Today, I want to focus on the potentially disastrous consequences joint tenancy between unmarried people can cause in bankruptcy. Several years ago I defended a woman in a bankruptcy litigation case in which the Chapter 7 trustee had sued to take […]

Also posted in Bankruptcy in General, Chapter 7 Bankruptcy, Joint Tenancy Title | Tagged , , , , , | Comments closed