Legal Articles, General Practice
How to Avoid Liens on Your House in Bankruptcy
This article discusses Minnesota law relating to the removal (“discharge”) of judgments following a judgment debtor’s bankruptcy.
Chapter 13 Advantages: The Art of the (Chapter 13) Plan
Done properly, chapter 13 provides certain above-median wage earners—and others with special considerations, often relating to a mortgage—with debt relief.
Taxability of Discharged Debts: Advantages and Consequences of Bankruptcy
The Internal Revenue Code ("I.R.C." or the "Code") broadly defines gross income as "all income from whatever source derived, including . . . [i]ncome from discharge of indebtedness" I.R.C. § 61(a)(12). Although the I.R.C. does not define "discharge," this has long been understood to include the taxpayer's release from a monetary obligation such as debt forgiveness or by way of a discharge in a bankruptcy case.
Redeeming Personal Property in a Chapter 7 Case
Many debtors—and a few attorneys—are unaware that the Bankruptcy Code provides a way for debtors in a chapter 7 case to "redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted [by the debtor] . . . or has been abandoned . . . [by the trustee], by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption." 11 U.S.C. § 722. There is quite a bit to unpack here, but at bottom, almost any non-commercial physical personal property subject to a security interest can be exempted and redeemed in a chapter 7 case.
Roommates, Bankruptcy, & the Means Test
Debtors are often pleasantly surprised to learn that, in Minnesota, roommates generally count toward their household size for purposes of the means test, permitting certain debtors who would otherwise fail the means test, and thus not qualify for a chapter 7 case (permitting almost immediate discharge of all debts, not otherwise dischargeable, without any repayment required, as with a chapter 13 case), to qualify.
A Word About the Effect of Prior Bankruptcy Filings
Bankruptcy counsel frequently field questions from debtors who’ve previously filed bankruptcy. Sometimes this involves a prior case completed years ago, but more often it involves a debtor who has filed a recent case that was dismissed—often in connection with a chapter 13 case by reason of failure to confirm a plan or to make plan payments.
How a Good Lawyer Saves You Money (Despite Nominally Higher Fees)
Choosing the right attorney for your chapter 7 or chapter 13 case can ultimately save you money, even by comparison to filing pro se (without counsel). In many cases, this means selecting the right chapter under which to file your case. There are certain advantages uniquely associated with chapter 7 or chapter 13 (the most common) proceedings.
Who is Responsible for My Injuries on a Cruise Ship?
A victim of a cruise ship injury caused by negligence may be eligible to file a claim against the cruise company. However, not all damages qualify as recoverable in the courtroom if a judge determines the cruise line is not responsible. Therefore, your California personal injury lawyer must prove that staff or conditions negligently caused your accident.
Property Owner Responsibility for Premises Liability in California
Premises liability is a legal practice of personal injury law. It typically involves a person injured by unsafe conditions on another’s property. As such, courts may base a personal injury case on the contributory negligence of the property owner. Winning a premises liability case against an owner is challenging. It is a type of situation that involves proving that the property owner was irresponsible concerning ownership or maintenance of the property. Speaking with a California premises liability attorney can help you devise specific strategies related to your case.
How to File a Worker's Comp Claim in California
If you have suffered an injury at work in California, you could be eligible for benefits offered by California's Workers Compensation Act. If you are an eligible employee with a job-related illness or injury, California law requires your employer to pay for medical treatment and wage loss during recovery.
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