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Bankruptcy Attorneys Serving Central California Since 1970


		Thursday, March 11, 2010

News

Top Headlines
[03/11] Critics of Justice Dept. lawyers under fire
[03/11] Pa. school webcam spying suit could be settled
[03/11] Ex-New Orleans officer pleads in shooting cover-up
[03/11] Toyota troubles put spotlight on US safety agency
[03/11] Pink Floyd wins battle with EMI over online sales
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Financial Services
[03/10] Earn 2.40% AER on New 1 Year Fixed Rate Bond from Skipton International
[03/10] Sapiens Reports Strong Q4 Net Profit in 2009; Non GAAP 2009 Annual Operating Profit of $6.53 Million
[03/10] Turkey, IMF end loan talks
[03/10] Ahead of the Bell: February budget deficit
[03/10] Dutch fine Fortis for false information
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Tax
[03/10] Unemployment benefit cuts, higher taxes projected
[03/10] Senate to pass jobless aid, business tax breaks
[03/09] Amazon cuts off Colo. affiliates because of tax
[03/08] Tax season bringing out the fraud artists
[03/08] H&R Block 3Q profit rises despite fewer returns
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Case Summaries

Bankruptcy Law

[03/08] Milavetz, Gallop & Milavetz, P.A. v. US
In an action by a law firm seeking declaratory relief, arguing that plaintiff was not bound by the Bankruptcy Abuse Prevention and Consumer Protection Act's (BAPCPA) debt relief agency provisions and therefore could freely advise clients to incur additional debt and need not make the requisite disclosures in its advertisements, the Eighth Circuit's order rejecting the district court's conclusion that attorneys are not "debt relief agencies" under BAPCPA, upholding application of BAPCPA's disclosure requirements to attorneys, and finding BAPCPA section 526(a)(4) unconstitutional, is affirmed in part where: 1) attorneys who provided bankruptcy assistance to assisted persons were debt relief agencies under the BAPCPA; and 2) BAPCPA section 528's requirements were reasonably related to the government's interest in preventing consumer deception. However, the court of appeals' order is reversed in part where BAPCPA section 526(a)(4) prohibited a debt relief agency only from advising a debtor to incur more debt because the debtor was filing for bankruptcy, rather than for a valid purpose.

[03/08] In Re: Ray
District court's judgment affirming the bankruptcy court's dismissal of two Chapter 11 proceedings was correct, but the decision is vacated, as the law firm lacked standing where there is no evidence that one of the law firm's former attorneys ever informed the bankruptcy court that it was appearing on behalf of the firm and the record is devoid of any mention of the firm by the attorney or any other party.

[02/15] In re: Barner
In debtor's appeal from the bankruptcy court's ruling finding that an automatic stay did not apply to a foreclosure sale of her home, the order is affirmed where: 1) 11 U.S.C. sections 362(d)(4) and (b)(20) did not prohibit enforcement of a 2004 order lifting the automatic stay as to debtor's residence; and 2) the Bankruptcy Abuse Prevention and Consumer Protection Act did not modify or affect orders issued in cases filed before its effective date.
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Should I list my monthly obligations, like my utility bills, in my bankruptcy case if I am current on such payments?

Generally no. If the debtor is current on his or her payment of certain monthly obligations such as utility bills, there is no point in listing the utility company as a creditor. In fact, by listing it as a creditor, it might prompt the utility company to demand a deposit for future services.

Our bankruptcy practice is primarily focused in the Central District Of California, which includes Los Angeles County, Orange County, Riverside County, San Bernardino County, Santa Barbara County, Ventura County and San Luis Obispo County. Our Southern California bankruptcy attorneys see clients from all over the greater Los Angeles area and Southern California, including Santa Monica, Long Beach, Anaheim, Pasadena, Orange, Huntington Beach, Newport Beach, Garden Grove, Irvine, Yorba Linda, Riverside, San Bernardino, Pomona, Torrance, Simi Valley, Mission Viejo, Ontario, Glendora, and Covina. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.