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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.

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.

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

The act of unduly influencing a family member to prematurely take his or her life for ill-gotten gain is extremely serious and the safeguards to protect against such conduct should be both comprehensive and of the utmost strength.

California’s “End of Life Option Act” and Family Dilemmas

California’s “End of Life Option Act” and Family Dilemmas

When the pain or discomfort of illness is more than one can bear, Californians have the End of Life Option Act that allows those who meet the criteria, to take a drug that will end their life.

Dikē: Murder Will Out

Dikē: Murder Will Out

The Greeks called her “Dikē.” The Romans, “Justitia.” From his classics education, Judge Carlton knew this goddess of justice uncovered concealed wrongdoing, brought to light dark dealings, and often dispensed justice in unexpected ways so that unforgivable acts received due recompense.

Does an Assisted Suicide Provision Belong in an Estate Plan?

Does an Assisted Suicide Provision Belong in an Estate Plan?

Right or wrong, there is no place for attorneys in the EOLA framework. The EOLA election requires findings by doctors and written statements by the individual at the time of the election.

Hospice East Bay

Hospice East Bay

Hospice East Bay is a pioneer hospice established in 1977 by community volunteers to create support for patients who wanted to die at home. In the 40 years since then, Hospice East Bay has been privileged to serve more than 25,000 patients and their families.

I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

The California bill, SB33, is extremely broad and would prohibit imposing a waiver of a legal right that arises as a result of fraud, identity theft, and any other act related to the wrongful use of personal identifying information as a condition of entering into a contract for the provision of goods or services.

Mediating Fee Disputes Gracefully

Mediating Fee Disputes Gracefully

Getting into a fee dispute with a client can be a bit like walking through a minefield. Stepping cautiously may maximize your ability to recover fees due and help you avoid a malpractice claim or State Bar complaint.

Civility and the Mediation Process

Civility and the Mediation Process

Practicing civility at the mediation session also produces unmistakable dividends, starting with your credibility with the mediator.