student loan forbearance ends 2022

Student Loan Payment Pause Extended: Deferment Thru June 2023

Student Loan Payment Pause & Deferment Extended thru June 2023

Student Loan forbearance and payment pause extended to July 2023; there are still options

November 2022 update: The student loan payment pause has been extended again, for the sixth time, to June 30, 2023.  The pause may end and payments resume if lawsuits are resolved first. If the June 30 2023 student loan pause lapses without litigation being resolved, payments will resume 60 days after that. Also big news in Nov 2022: the Biden Justice Department (DOJ) has announced new guidance which will make it easier to discharge student loan debt in bankruptcy.

April 2022 update: The student loan payment pause was set to end May 1, 2022, but the Biden administration extended it through August 31, 2022.  It was previously set to end on May 1, 2022. Since March 2020, millions of student loans were given forbearance and deferment with no payments due, interest stopped accruing, and there have been no collections against those in default due to the student loan payment pause.

Now, all that student loan relief changes back to normal on Sept 1, 2022.

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open door to easier bankruptcy forgiveness of student loans

Student Loan Forgiveness in Bankruptcy: Top Keys for DOJ Guidance

Explaining DOJ Guidance on Student Loan Forgiveness in Bankruptcy

Bankruptcy attorney explains new DOJ guidance from the Biden Justice Department to make it easier to get student loan forgiveness in bankruptcy

Yesterday, the Justice Department announced a new plan for student loan forgiveness in bankruptcy. The change could make it easier for people to eliminate — or “discharge”– student loan debt and to finally achieve student loan forgiveness and a fresh start in bankruptcy. Here is what it all means.

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time of bankruptcy filing determines homestead exemption

9th Cir: To Avoid a Judgment Lien, Use Exemptions at this Time

9th Circuit: Lien Avoidance Homestead Determined at Time of Bankruptcy Filing

If someone wants to avoid a judgment lien in bankruptcy, is the homestead exemption the one at the time the lien attached, or at the time of the bankruptcy filing? The Ninth Circuit Court of Appeals has recently weighed in, and the answer can affect thousands of dollars of liens on your home.

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wrongful death California community property

Wrongful Death Proceeds and Community Property in California

Wrongful Death Proceeds and Community Property in California

Someone recently asked, “Are wrongful death recovery proceeds community property in California?”  The field of bankruptcy crosses over with so many other areas of law. The question stands at the intersection of bankruptcy law, California community property law, and tort law. But the answer to this wrongful death question is critical for bankruptcy lawyers and someone filing bankruptcy in California.

Why it matters if wrongful death claims are community property

This might seem like a tiny point, but it’s really important whether a wrongful death claim or funds are community property or not. There are lots of twists and turns as to whether it affects the other spouse when only one spouse files bankruptcy.

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Chicago v Fulton automatic stay and turnover cases are not just about cars

After Chicago v Fulton: Not Only Cars

After Chicago v Fulton: Not Only Cars

A Survey of Fulton Rulings and a Weakened Automatic Stay

Intro: What is a Fulton ruling?

When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about impounded vehicles seized prepetition, and wouldn’t really impact or weaken the automatic stay otherwise. Two years on, that turns out not to be the case.

June 2023 Update: the following list has been updated to include cases citing Fulton and the automatic stay through the midpoint of 2023.

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Can one person file bankruptcy separately

One Spouse Filing Bankruptcy: Everything You Need to Know

One Spouse Filing Bankruptcy

All you need to know about one spouse filing bankruptcy individually or separately

Can one spouse file bankruptcy without the other?

Can one spouse file bankruptcy without the other? In consultations, that’s one question I get asked a lot. When we’re married in California, everything is presumed to be joined and shared. So, can a married person claim a bankruptcy? The answer is, “Yes.”

Even though someone is married, they have every right to file bankruptcy without the other spouse. They have their own Social Security number and their own credit history. But just because you can do something doesn’t mean you should.

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The 1215-day rule is unsettled about residency vs ownership in California

1215-day rule: Is Residency Needed, or Merely Ownership in Calif

1215-day rule: Is Residency Needed, or Merely Ownership in California?

A look at how closing the Mansion Loophole could lose your home in bankruptcy

Does the 1215-day rule for the homestead require occupancy as a domicile, or merely ownership? This is a new issue here for bankruptcy attorneys in California. It matters to you, too, if you own a home in California and are thinking of filing bankruptcy. This is because the homestead exemption amount until 1/2021 was always below the 522 number.  Let’s break this apart in plain English a little bit so we can understand what’s at stake.

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California Homestead and Reside Away from Home and State presents challenges

California Homestead: Intent to Reside and the Out-of-State Home

California Homestead: Intent to Reside and the Out-of-State Home

A bankruptcy attorney colleague recently asked, does the California homestead exemption protect you if you don’t reside in the house?  Are you required to live in the home? For how long? Who qualifies? Does the homestead exemption protect the home if the house isn’t in California? The answer, like most things in law, is: “it depends.”

Dual residency in two states and and claim homestead in both?

No, there is no dual residency in multiple states for the purposes of homestead. As you’ll read below, a homestead is the place in which you primarily live. You can’t primarily live in two places. So, the determination is where you primarily reside, which state law applies, and is the house protected by the California homestead exemption.

Let’s look at these “away from home” situations one at a time.

The California homestead and intent to reside

california homestead away from home
California homestead is challenged if away from home, and the intent to actually live there is unclear

First, can someone claim the California homestead exemption if they live in the house on the date the petition is filed, but move out after? What if they move out after the Chapter 7 bankruptcy is filed, but it’s just a temporary relocation?  Or what if the debtor who filed bankruptcy really has no intention to return?

The result is very fact-specific, and has had bankruptcy courts and appellate courts carefully examining the particulars for the debtor before filed, on the date the case was filed, and then after the case was filed. Let’s review a few significant cases in the Ninth Circuit to see how the courts have ruled.

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sell home chapter 13

Sell a Home in Chapter 13 Bankruptcy: Motion to Sell or Refi

Sell a Home in Chapter 13 Bankruptcy: Motion to Sell or Refi

My clients ask me, “can I sell a home in a Chapter 13 bankruptcy?”  As a bankruptcy attorney experienced in Chapter 13, selling a house is an issue that comes up often, particularly in a robust housing market. This is written without giving advice to the specifics of your case, but merely addressing whether it’s possible to sell or refinance a house during Chapter 13.

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Guide to pick the Best Los Angeles bankruptcy attorney

Ultimate Guide to Find the Best Los Angeles Bankruptcy Attorney

Ultimate Guide to Find the Best Los Angeles Bankruptcy Attorney

When you find yourself with debt and trapped, you might find yourself wondering “who is the best bankruptcy attorney near me.” There probably is no one “best bankruptcy attorney” but there are some criteria you can evaluate. Then, maybe you can find who might be the best bankruptcy lawyer for you.

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