RSSArchive for 2017

Not eligible to file bankruptcy

Not Eligible to File Bankruptcy? An Analysis of What is Required

So what happens if a Chapter 13 debtor runs afoul of either the regular income requirement or the debt limits? The debtor is then faced with either dismissal of the case or the conversion of the case to Chapter 7.

Lien Strips Revisited

Lien Strips Revisited

At the time of the prior article, the law was unsettled as to whether or not lien strips were available in the Chapter 20 context. Since that time, the Ninth Circuit has weighed in, holding definitively that lien strips are available in Chapter 20…

You Did What to my Claim? Capping a Commercial Landlord's Attorney's Fees in Bankruptcy

You Did What to my Claim? Capping a Commercial Landlord’s Attorney’s Fees in Bankruptcy

The court disagreed with the lower courts’ all-or-nothing approach and remanded for further factual findings in apportioning attorney’s fees between termination-related efforts and work unrelated to termination.

Mortgage Modifications in Wonderland: Conquering the Red Queen

Mortgage Modifications in Wonderland: Conquering the Red Queen

Streamlining comes in the form of the Mortgage Modification Mediation (“MMM”) Program, which was adopted by the United States Bankruptcy Court for the Northern District of California in August 2015.

Life After Debt: Rebuilding After Bankruptcy

Life After Debt: Rebuilding After Bankruptcy

The good news is that there is life after bankruptcy and it comes around much quicker than many think. The not-so-good news is that rebuilding takes effort and knowing one’s rights.

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Once a company acknowledges it is in financial distress, a fork in the road appears: either 1) seek bankruptcy protection; or 2) try to negotiate a private work-out.

Interview with US Bankruptcy Judge, Hon. Roger Efremsky

Interview with US Bankruptcy Judge, Hon. Roger Efremsky

The Honorable Roger L. Efremsky has served as a United States Bankruptcy Judge for over 10 years in the Northern District of California and is now serving as Chief Judge. The Contra Costa Bar Association is extremely pleased to present the following interview with Judge Efremsky conducted by Mary Ellmann Tang, a board member of […]

The Personal Injury Case and the Automatic Stay

The Personal Injury Case and the Automatic Stay

One of the trickiest snares that can spring up in the middle of a personal injury case is a bankruptcy stay. With a bankruptcy filing, all collection activity is stopped and litigation grinds to a halt. If the filer is the plaintiff, the ownership and control of the plaintiff’s action is transferred in an instant […]

How Bulletproof are Spendthrift Trusts in Bankruptcy?

How Bulletproof are Spendthrift Trusts in Bankruptcy?

What is a trust? A trust is a document that places ownership of an asset in a separate entity – also called a trust –for the benefit of the trust’s beneficiaries.[1] The assets are managed by a trustee, who invests and distributes funds according to the trust’s instructions. Often a trust is created by a […]

Bankruptcy: What Goes Up Must Come Down

Bankruptcy: What Goes Up Must Come Down

Just a few years ago I did a presentation to a group of realtors entitled “Bankruptcy, Foreclosures and Shorts Sales: the New Fad.” That would have been about 2008 when the economy started to stutter and the financial markets seized up. Contra Costa County was at the forefront of the volatile real estate market as […]

American Inns of Court – March Program

American Inns of Court – March Program

Inspired by the Broadway hit Hamilton, Judge Clare Maier’s pupilage group rapped its way through recent developments in family and internet law.  The tone was set by Judge Maier’s limerick-styled introductions of her group. Scott Lantry (for example) was introduced: If family law makes you irate Call Scott Lantry, your troubles he’ll mitigate. He emphasizes […]

New Member Information Series Announced

New Member Information Series Announced

Did you know that this summer the CCCBA is sponsoring a series of Member Information Programs?  While not primarily legal in focus, these seminars cover topics (social security, healthcare during retirement, student loan debt repayment and finally, identity theft/credit bureaus and collections) that are important to many of us in our personal and professional lives. […]

Estate Planning Symposium [photos]

The 24th Annual Estate Planning Symposium on May 2, 2017 was well received with over 110 attendees. The Symposium featured two sessions: End of Life Liberty: Evolving Law and Policy in the U.S. Ten Things Estate Planning Attorneys do that Drive Trust Administration Attorneys Nuts! Featured speakers included: Frank R. Acuna, Esq. – Partner, Acuna […]

Contra Costa Lawyer May 2017 Issue: Estate Planning & Probate / Right to Die Issue

Feature Articles: Introduction to the Role of Mental Health Specialists in the End of Life Option Act |  by Eric J. Freitag, Psy.D., ABN Review of the Current “Right to Die” Statute: Are the Protections Against Undue Influence Sufficient? | by Shara Beltramo California’s “End of Life Option Act” and Family Dilemmas | by Linda Fodrini-Johnson, MA, […]

Introduction to the Role of Mental Health Specialists in the End of Life Option Act

Introduction to the Role of Mental Health Specialists in the End of Life Option Act

Mental health professionals play a prominent role in the End of Life Option Act, as only a licensed psychologist or psychiatrist can provide the specialized assessment to determine the decision-making capacity of an individual requesting to obtain aid-in-dying drugs.