Tag 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 […]

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Can I Get a Waiver of the Court’s Filing Fee if I File Chapter 7 Bankruptcy in San Jose?

The Bankruptcy Court’s filing fee for Chapter 7 cases, which is currently set at $306, can be waived by the court pursuant to 28 U.S.C. §1930(f). However, whether or not a debtor filing Chapter 7 bankruptcy in San Jose will be granted a fee waiver depends not only on the debtor’s ability to prove that he […]

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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 […]

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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 […]

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