Bankruptcy Information

Debt settlement companies charge outrageous fees.  If you compare what a bankruptcy attorney charges to what a debt settlement company charges, the debt settlement company will almost always be more expensive.  Typically, your fee will be several thousand dollars.  To make matters worse, these companies will not negotiate with your creditors until they are paid in full.  In other words, for the first six months to a year, your monthly payments go directly to the debt settlement company and not your creditors.  And forget about the debt settlement company negotiating anything on your behalf until they are paid in full.
Source: nationalbankruptcyforum.com

Video: Stephen Baldwin is Bankrupt — Should We Celebrate?

When Is a Bankruptcy Attorney the Right Choice?

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Find Out If Bankruptcy Is Right For You

If ever you are lucky enough to qualify for any of these types of bankruptcy, you must consider all your debts and property, regardless of where they maybe located whether it be in Santa Maria, Ca. or New York you have to disclose your assets. You might wonder where your home, car or retirement plan will go. Since every state differs in specification when it comes to this, you must make sure that you fully understand what will happen to your property. It is a good idea to make a list of all your assets and debts. Child support payments and some debts cannot be wiped out.
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Will I lose My Residence In the actual event that I File regarding Bankruptcy in Arizona?

After helping thus many folks by means of the actual Arizona bankruptcy method with regard to a lot more than 15 years, the particular Arizona bankruptcy attorneys of Arizona Bankruptcy Right now have seen firsthand your remorse along with guilt experienced simply by debtors. The US features been heading via any recession, your job marketplace offers been terrible, and also the housing/mortgage crisis has impacted millions. The excellent thing is in which you can keep beneficial assets which are not really covered by simply exemptions. When filing your claim using the bankruptcy court, the actual judge could not really approve the actual bankruptcy claim or even the result may not really always be exactly as you expect. You can easily file the particular bankruptcy application both your self or perhaps through your current attorney.
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Go through This Data Before Submitting For Personal bankruptcy

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How Corporate Bankruptcy Statistics Enabled Me to Make the Right Decision

There are a lot of things that you can do in order to be able to build your business successfully. Some of these things will include planning out the business carefully and also taking time to make sure that you do your research well. There are business solutions out there that can help you save some money every month so as to make way for payments to creditors.
Source: shortsqueezes.net

New free bankruptcy evaluation page: Is Bankruptcy the right choice for you?

Keep your possessions: Having a trusted and experienced bankruptcy attorney, such as the staff at O’Connor, Acciani & Levy, who know all the rules, can assure you that you get the full benefits afforded by bankruptcy law and protect your possessions.  State laws give you the right to keep exempted property from being lost in a bankruptcy or being taken by your creditors.  Our bankruptcy attorneys can not only advise you whether bankruptcy is the correct choice for your situation, but can also help you keep your home, your car and as many of your possessions as possible, if you decide to file.   By hiring the experienced and trusted attorneys at O’Connor, Acciani & Levy, you can rest assured that your bankruptcy will go as smoothly as possible and that you will get the full benefit that the law allows in keeping your property.
Source: oal-law.com

Claiming bankruptcy the right way

He will be given complete control of your assets and incoming finances as well. He will also distribute this to all your debtors till all has been cleared off. The one important this here is that you will have no choice but to stick to the repayment schedule. You have to understand that there is a fallout related to filing for bankruptcy. Your credit ratings will be severely affected and this can affect in more ways than one. Getting a loan will be difficult.File for bankruptcy is a relatively simple process which can be done professionally with the help of experts in the field. Also filing for bankruptcy leaves a social stigma of sorts on your reputation and this can get awkward when you are interacting with others. It can lead to a lot of unpleasantness. The most important thing to remember is that bankruptcy does not come for free, there is a fee involved and it is not cheap. You will need to have a bankruptcy lawyer or firm helping you with the process. Their fees are pretty high. Also there are fees involved for each chapter that you file under. While you can file for bankruptcy on your own, this can get a bit tricky and a lawyer will help you do it the right way. Source: ezinemark.com
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A Texas Bankruptcy Lawyer’s Blog: Stern v. Marshall: The Texas Cases

Many are debating the breadth of the Supreme Court’s decision in Stern. The arguments are interesting and, in some instances, mind-numbing. For today, I leave those arguments to others because I believe that the issue before me can be more simply, and practically, decided. It would be incredibly ironic for this Court to lack constitutional authority to finally determine the Trustee’s breach of fiduciary duty and corporate waste claims against Smith and Sabolik (when they actually inserted themselves into Inc.’s bankruptcy case by filing a proof of claim) as the Supreme Court has clearly held in Stern, but to have constitutional authority to finally determine the Trustee’s breach of fiduciary duty claims (arising from substantially the same acts or failures to act) against Linehan, the Outside Directors, and Letson, who chose not to involve themselves in the Debtors’ bankruptcy cases at all until they were forced to do so by the Trustee’s decision to sue them here. As a practical matter, this Court concludes that such a result is irreconcilable with the Supreme Court’s analysis in Stern. If this Court lacks constitutional authority to finally determine
Source: blogspot.com

Is bankruptcy right for you? Learn about your options.

Remember that filing bankruptcy is not the ultimate failure. Bankruptcy was designed by the government to give people just like you the debt relief they need. Although it can have a negative impact on your credit score, constantly failing to pay your bills is often even worse. Don’t worry, if you live in Rhode Island and are thinking about bankruptcy, we have a few suggestions.
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There are two basic ways changing up your mortgage can aid you in averting a bankruptcy filing. First is to negotiate an agreement with your housing lender to reconfigure your mortgage under a new payment plan. See if you can devise a new or temporary payment schedule under the same terms of your original mortgage. A second approach is to refinance your mortgage altogether, which may include applying for a lower, adjustable interest rate stretched out over a longer period of time. The money you save on the front end can be useful in paying off your remaining debt and staving off the threat of bankruptcy.
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Video: ‘Let’s get real, the US is bankrupt’

How Quickly Will Bankruptcy Stop My Wage Garnishment?

But what if the bankruptcy is filed within just a day or two after the money has been taken out of your wages under a state court garnishment order but not yet turned over by your payroll office to the creditor? What does the Bankruptcy Code’s automatic stay require here when it says that the bankruptcy filing stops “the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the [bankruptcy] case”? (Section 362 (a)(2) of the Bankruptcy Code.)  Money that was taken out of your paycheck before your bankruptcy case was filed is not “property of the estate,” which consists of all your assets as of when your case is filed. But arguably it’s not your money either as of the time when your case is filed because it was already legitimately taken from you by the garnishment order. So can the creditor get that money that your employer is holding, or would that be a violation of the automatic stay?  
Source: fresnobankruptcylaw.com

Can you be "too broke" to file bankruptcy?

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Bankruptcy Credit: Us Bankruptcy Court Oregon

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. Source: barstowwatch.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: bankruptcyforumco.com Source: medicalbankruptcyco.com Source: probatecourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcyforumco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: chapter9bankruptcyco.com Source: chapter9bankruptcyco.com
Source: bankruptcycourtco.com

Derivatives: The risk that still won’t go away (Fortune 2009)

It was the earliest casualty of these, Bear, that brought a new concept—”too interconnected to fail”—to the forefront. Going in, the government really did not want to save the company. Robert Steel, a ranking member of Henry “Hank” Paulson’s U.S. Treasury team, remembers the case against a rescue: “Gee whiz, this isn’t a depository institution. It should just go out of business.” Nor was it that Bear was a colossus in derivatives: Its book at the end of the company’s 2007 fiscal year (its last) had a notional value of “only” $13.4 trillion, compared to $85 trillion for the giant among U.S. derivatives dealers, J.P. Morgan. Bill Winters, co-head of investment banking at J.P. Morgan, says that in Bear’s last week—as the firm teetered between bankruptcy and being bought by his company—he even worried less about derivatives than he did about the many billions that the firm borrowed every day on its assets in the overnight loan market. If Bear went bankrupt, Winters could imagine all those assets being calamitously dumped on the market.
Source: cnn.com

Filing Bankruptcy Because You’re Living like a Rock Star

Most Americans have pushed themselves to the brink of financial ruin to live like the rich and famous. They believe that as long as they have available credit, they must be able to afford it. There used to be an old joke going around about the dumb blonde that kept writing checks because there are more checks in her checkbook. The jest of it is, she didn’t even consider making sure there is enough money in the bank account. This is kind of the way that the young adults of today run their finances. Right out of college they need to wear designer clothes, lease a yuppie automobile, like a Beamer and own a home. The house can’t be just a regular tract home either, it will need hardwood floors, granite countertops and a pool to boot. This brings to mind when my grandparents used to use the old phrase “keeping up with the Jones’.” Creditors want consumers to believe that it’s better to buy it now and pay for it later, then it is to save up for anything. With this rationale, the only career college students should be looking into is that of a bankruptcy attorney. Our society is heading south and spending ourselves into oblivion.
Source: ezinemark.com

Bankruptcy Questions and Answers

Colloquially, a 501(c) organization, also referred to as a 501(c), is an American tax-exempt nonprofit organization. Section 501(c) of the United States Internal Revenue Code (26 U.S.C. § 501(c)) provides that 28 types of nonprofit organizations are exempt from some federal income taxes
Source: bankruptcy–court.net

The initial phase in this determination is whether or not an individual’s income is higher or lower than what is called the ‘median income’ level within the state they reside. If they earn more than this median, and are able to repay some of their debts after subtracting expenses, then that establishes the cut-off point in qualifying for a Chapter 7. If their monthly income is less than the median income for a household of their particular size based on state guidelines, the test is finished, and with a passing grade. They can file for Chapter 7.
Source: topofutahlaw.com

Video: File Chapter 7 Bankruptcy Online

Las vegas bankruptcy laywer

For any individuals which might be thought of as judgment substantiation gets a viable approach to halt creditor harassment and come out which includes a new beginning. Getting prudence confirmation means which usually lenders cannot file a suit to acquire a court ruling regarding repayment because client comes with little to no sources of worth to seize. Typically the person is usually thought about judgment proof whenever the just source of income is actually exempt as a result of garnishment along the lines of lack of employment, societal basic safety yet another authorities service. Naturally virtually anyone in your spot about declaring personal bankruptcy is preferable shut off using a Phoenix bankruptcy attorney when compared with trying to undertake it alone. A paper work called for is usually redundant and even huge then one fault can indicate the truth is actually let go or maybe beneficial debt is still left up from the intelligence order.
Source: skinstar.info

‘Octomom’s’ Chapter 7 bankruptcy dismissed

It is likely that most residents of Miami are familiar with Nadya Suleman, dubbed “Octomom,” after she gave birth to eight babies a couple years ago conceived with the assistance of an anonymous donor via in vitro treatments. When she gave birth to the octuplets in January 2009, she became mother to a total of 14 children. Despite providing indications that she would be able to capitalize on her new found fame, few have come to fruition and the single unemployed mother recently filed for Chapter 7 bankruptcy.
Source: miamibankruptcylawfirmblog.com

‘Octomom’ Seeks Debt Relief by Filing for Chapter 7 Bankruptcy

Public scrutiny. Soon, media outlets began questioning Suleman’s ability to raise 14 children as a single mother. Suleman eventually admitted to ABC News that she was receiving between $4,000 and $5,000 each month in public assistance, but this may not have been enough to provide for her massive family.
Source: clearbankruptcy.com

Kentucky Gaming News: Filing for Bankruptcy? Here are Some Helpful Tips

Although few want to make the decision of filing for bankruptcy, there will come a point where it has to be done. Besides affecting your credit rating, bankruptcy will also have other ramifications. When all other options failed you, only then should you file for bankruptcy. Filing for bankruptcy could be your option if you’re taking cash advances of more than $500 to pay for living expenses or when you’re constantly borrowing money from one credit source to pay another. Bankruptcy is the only option if you borrow to meet regular expenses like utility bills, and food and the only calls you get are from creditors. Bankruptcy is a way for you to get out of your hard financial times and it is something that you have to do when you can no longer afford to pay your existing debts. When it comes to bankruptcy, the most commonly filed form is chapter 7 and 13. Chapter 7 is the most common for the individual. The complete erasing of quality debt is what this is. From all repayment obligations, the debtor is then released. Keep in mind that chapter 7 bankruptcies are very serious and should not be taken lightly. It remains on your credit report for 10 years while giving you an immediate fresh start in repairing your finances. You will be seen as a high risk and you will also be noted as a person who is financially irresponsible. Chapter 13 is less harmful to your credit. Though there are still marks against you, because you will be working to repay your debts on a payment plan, you do not look like you are financially irresponsible, though you are still considered a slight credit risk. With a chapter 13 you will be able to keep your home and they will not start selling your assets to pay back your creditors like you would in chapter 7. When you’ve gone through all other available options, only then should you consider filing for bankruptcy. With the help of consolidation loans, debt counseling, etc., you can reduce your debt and avoid bankruptcy. This can help save your credit record and improve your chances of getting credit sooner than if you file for bankruptcy. Consult a bankruptcy lawyer if there are no other options and ask for advice before you take action.
Source: pokerky.net

‘Octomom’ files for Chapter 7 bankruptcy to start over

When she had only the six children, she lived in a home with her mother and used Social Security disability payments and food stamps to help support her children, benefits she is still using today. After the birth of her other eight children, Suleman attempted to make deals with media outlets in an attempt to support herself and all of her children. Some of those fell through and the others that worked out do not appear to have been enough to keep her from filing bankruptcy. Nevertheless, it is undoubtedly a monumental struggle to provide for such a large family.
Source: norwalkctbankruptcylawblog.com

Filing Bankruptcy Because You’re Living like a Rock Star

Most Americans have pushed themselves to the brink of financial ruin to live like the rich and famous. They believe that as long as they have available credit, they must be able to afford it. There used to be an old joke going around about the dumb blonde that kept writing checks because there are more checks in her checkbook. The jest of it is, she didn’t even consider making sure there is enough money in the bank account. This is kind of the way that the young adults of today run their finances. Right out of college they need to wear designer clothes, lease a yuppie automobile, like a Beamer and own a home. The house can’t be just a regular tract home either, it will need hardwood floors, granite countertops and a pool to boot. This brings to mind when my grandparents used to use the old phrase “keeping up with the Jones’.” Creditors want consumers to believe that it’s better to buy it now and pay for it later, then it is to save up for anything. With this rationale, the only career college students should be looking into is that of a bankruptcy attorney. Our society is heading south and spending ourselves into oblivion.
Source: ezinemark.com

Octomom files for Chapter 7 bankruptcy

Because her income is unpredictable, and her livelihood is not dependent upon her credit history, her bankruptcy filing should not affect her financial future much, if at all. As a result, she will be able to exit from bankruptcy free and clear and then earn money without having to pay back creditors for previous debt.
Source: cincinnatiohiobankruptcyattorney.com

Judgment Blog: Judgment Bankruptcy

A judgment debtor filing for bankruptcy protection is about the worst judgment recovery roadblock a judgment owner can face. As soon as you find out that your judgment debtor has filed for bankruptcy protection, you must cease all judgment and debt collection activities. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.   When a person or entity files for bankruptcy, their automatic bankruptcy protection stay starts. The automatic stay applies to any of the debtor’s known (and sometimes even their unknown) debts, including all lawsuits or judgments that originated prior to their bankruptcy filing. The automatic stay prohibits all collection actions against the debtor or their assets. After a bankruptcy filing, it is a violation to even make a telephone call, asking your debtor about payment about any of their judgment-related or other debts. The automatic bankruptcy stay is completely automatic. It starts at the date and time of the bankruptcy filing. The automatic stay does not depend on a written order from a judge, for the bankruptcy stay to take immediate effect. If anyone, including a judgment creditor, willfully violates a debtor’s automatic stay, they can be found to be liable for damages, attorney’s fees, and sometimes also punitive damages. In community property states, the automatic stay also usually prohibits a judgment owner from pursuing the enforcement of their judgment against the community property assets of the judgment debtor’s spouse. When a creditor suspects that their debtor has filed for bankruptcy protection; they should halt any judgment enforcement or debt collection activities, until they can verify that a bankruptcy filing has not taken place. The automatic stay starts at the time of the debtor’s bankruptcy filing, whether it is a chapter 7, 9, 11, 12, or a chapter 13 bankruptcy case. The stay remains in effect until the bankruptcy case is closed, denied, dismissed, or until the discharge of the debtor’s debts is granted. If your judgment or debt gets discharged in the debtor’s bankruptcy, it is game over, your judgment or debt is dead. While there are some judgment debts that may ultimately survive their judgment debtor’s filing for bankruptcy protection, you must still honor the automatic stay for as long as it lasts. Automatic stays usually last as long as the bankruptcy court case is open. If a creditor files an adversarial motion, and the bankruptcy judge signs an order, the creditor may get a leave of the automatic stay, and be allowed to recover the debt or judgment, while other creditors will not be allowed to recover from that debtor. Bankruptcy is usually fatal to the enforceability of judgments, so it is the number one enemy of any judgment recovery. If you suspect your judgment debtor has or will file for bankruptcy protection, it is a good idea to verify their bankruptcy status before each step, using PACER; the government’s Federal Court web site. PACER is very cheap, and almost mandatory for everyone that recovers judgments or debts. Bankruptcy is so serious, it can be abused by debtors to fool creditors. For every three debtors that threaten to file for bankruptcy protection immediately, one actually does. Bankruptcy is so serious that many creditors do not verify the bankruptcy filing, they just walk away. Another trick certain debtors try, is to file for bankruptcy protection, however they never follow through on their bankruptcy case. They only file so that they can get the automatic stay. Many creditors assume the bankruptcy filing means that their money judgment is automatically discharged, however that only happens after the debtor’s bankruptcy successfully concludes and the court orders that. That is one more reason to get and use a PACER account. Judgment owners should stay informed about their judgment debtor’s bankruptcy court status. If their debtor’s bankruptcy case gets dropped, dismissed, or denied, the judgment creditor is then free to crank up the judgment recovery machinery once again. ——- http://www.JudgmentBuy.com – Judgment Enforcement. The free, easiest, fastest, and best way to recover your judgment money.  Mark Shapiro – Do you have a judgment? Do you have leads for people with judgments that want them bought or recovered? Do you buy or recover judgments? If so, JudgmentBuy.com is for you!
Source: blogspot.com

Bankruptcy Issues In Florida Domestic Partnerships (The Florida Bankruptcy Law Blog)

Estate planning in domestic partnerships often causes unforseen financial losses when one of the partners has to file bankruptcy. Many same sex couples implement a simplified estate plan which relies on joint ownership with rights of survivorship. The couples living in domestic partnerships will open joint bank account, own real estate jointly, and even own automobiles as joint tenants. Their goal is to make sure the surviving joint tenant acquires ownership upon the death of one partner without the necessity of going through an expensive probate.
Source: bankruptcyorlando.com

Chapter 7 Commercial Bankruptcy Strategies: Leading Lawyers on Counseling Clients, Filing a Proof of Claim, and Understanding the Benefits and Challenges of Bankruptcy (Inside The Minds)

Chapter 7 Commercial Bankruptcy Strategies is an authoritative, insider’s perspective on key strategies for representing and advising companies filing for Chapter 7 liquidation. Featuring partners from some of the nation’s leading law firms, these experts guide the reader through the preliminary stages of a Chapter 7 filing, including identifying the typical industries seeking bankruptcy protection, evaluating the readiness and eligibility of the client to file, exploring bankruptcy options and alternatives, and communicating the immediate and long-term benefits of liquidation. These top lawyers offer advice on expediting the filing timeline, understanding the trustee’s pivotal role, analyzing the legal and financial elements involved, and implementing a discharge. From developing a case strategy to meeting client expectations, these authors explain their best practices for collecting and filing a complete Chapter 7 petition. Additionally, these leaders reveal the differences between a Chapter 7 versus a Chapter 11 filing and discuss how to manage the conversion of a voluntary Chapter 11 case to an involuntary Chapter 7 liquidation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world’s most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community. Chapters Include: 1. David J. Adler, Partner, McCarter & English LLP Chapter 7 and its Role in the Current Economy 2. Alan Nisselson, Partner and Leslie S. Barr, Special Counsel, Windels Marx Lane & Mittendorf LLP Commercial Strategies in Chapter 7 Filings 3. Patrick M. Jones, Partner, Locke Lord Bissell & Liddell LLP – Commercial Liquidations Under Chapter 7 of the Bankruptcy Code: Right for Some, Not for Others 4. David B. Wheeler, Member, Moore & Van Allen PLLC Why File Chapter 7 5. Marcy E. Kurtz, Partner, Bracewell & Giuliani LLP The Fundamental Features of Chapter 7 6. Salvatore A. Barbatano, Partner, Foley & Lardner LLP Key Considerations in a Business Chapter 7 Filing 7. Roseann Oliver & Daniel A. Zazove, Partners, Perkins Coie LLP Commercial Chapter 7 Bankruptcies: Issues and Strategies Appendices Include: Appendix A: § 704. Duties of Trustee Appendix B: Sections 544, 547, 548, 549, and 550 of Bankruptcy Code Appendix C: Form of Trustee s Motion to Sell Assets Pursuant to Section 363 of the Bankruptcy Code Appendix D: Bankruptcy Filings Appendix E: U.S. Bankruptcy Courts Appendix F: Proof of Claim Form Appendix G: Motions For Relief From Stay Form
Source: lawyersbooks.com

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Video: How to find a GOOD bankruptcy lawyer? | Layton Bankruptcy Lawyers Video 15

In Need of a Financial Fresh Start? Contact an Arlington Bankruptcy Attorney

Even with the rocky economy, it’s hard to grasp that bankruptcy can happen to anyone. Losing your job came as a complete surprise and before you knew it, your savings started to rapidly dwindle. When you’re not dealing with creditors you’re left studying your accumulating bills in disbelief. If debt has become unmanageable for you, like it has for many Americans, it’s important to take a look at all your options to acquire relief. If you believe bankruptcy may be your only option available, it’s imperative to reach out to an Arlington bankruptcy attorney or team of Fort Worth bankruptcy lawyers.
Source: ezinemark.com

How To Find A Bankruptcy Attorney NY

During an economic downturn, inevitably some individuals end up in financial ruin. Usually the catalyst for financial despair is a lost job and or significant decrease in disposable income. During the most recent recession, a number of citizens have experienced downgrade of credit scores and home foreclosure. If you are in destitute financial straits, a bankruptcy attorney NY may offer some relief.
Source: onlinesr22insurance.com

Bankruptcy Attorney – Where and How to Find Them?

Finding right and reliable bankruptcy attorney can’t be easily done within a few minutes. Aside from internet browsing, you can also seek pertinent lawyers at business magazines and newspapers. You can also find them through watching business news and other counseling programs. Since finding for a perfect lawyer is quite hard, the key to your problem is through continuous research.
Source: pasguitar.com

Useful Techniques Inside Phoenix az personal bankruptcy attorneys * A few Valuable Replies

On account of some, or all these factors, many people are confront with needing to file personal bankruptcy so as to salvage their economic hopes. Individual bankruptcy has these types of a stigma involved with it that lots of people today are reluctant to confess bankruptcy lawyers need to have the assistance that only bankruptcy can offer. There is absolutely no shame in making the most of laws which were place into destination to safeguard folks like you and also to assist you reestablish your finances.
Source: nepalijagir.com

Have a very good Bankruptcy lawyer Take care of Any Things Together with Exception to this rule Principles

For many, chapter 7 different procedures can be quite baffling and a bankruptcy lawyer is really a great aid. When the person in debt has relocated out of state earlier than bankruptcy, the Phoenix bankruptcy attorney might have to delay all the declaring and maybe need to take typically the a bankruptcy proceeding exceptions out of the claim that these people carried right from. The rule of thumb inside of a chapter record is definitely the person in debt really should live in california for two people years and years to make usage of which often state’s difference legislation. The chapter 7 bankruptcy trial is knowing and also witnesses that consumers advance so the person in debt may need to stay in your state they can be declaring bankruptcy for your largest part of One hundred and eighty nights as well as effectively one year. In case the chapter exceptions from a assert you should not move a person’s vessel you are able to utilize united states individual bankruptcy difference legislation.
Source: apollon.ws

Not everyone is eligible to file for Chapter 7. When you apply for Chapter 7, you must participate in a means test. The court will look at your income relative to the mean of your state. If your income is below the mean, you qualify for Chapter 7. If your income is above the mean, you can still qualify based on your disposable income. If your disposable income is below a certain point, you can then file for Chapter 7. You also will not be able to qualify for Chapter 7 if you have already had a discharge in the last six years.
Source: ezinemark.com

Video: Bankruptcy Overview

An Overview of Chapter 7 and 13 Bankruptcy

One of the most misunderstood aspects of bankruptcy is the Chapter 13 process. Rather than eliminate debts completely like a Chapter 7 case, debts are consolidated and repaid in one smaller monthly payment in Chapter 13 bankruptcy. Chapter 13 is best for secured debts like mortgages or car loans, as they afford the debtor the right to keep the property while they get caught up on payments. Although some of these assets could be protected in a Chapter 7 case, there is often a strong requirement that debts must be repaid to some extent on a secured debt if the debtor is to be eligible to keep possession of the property. Chapter 13 also allows for debtors to roll several debt accounts into one payment, rather than paying separate creditors each  month. There are far benefits to repaying debts over having them eliminated.
Source: nationalbankruptcyforum.com

Chapter 7 Bankruptcy Overview

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. 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Chapter 7 Bankruptcy Overview

Auburn AL; Birmingham AL; Dothan AL; Gadsden AL; Huntsville AL; Mobile AL; Montgomery AL; Muscle Shoals AL; Tuscaloosa AL; Anchorage AK; Fairbanks AK; Juneau AK; Flagstaff AZ; Sedona AZ; Mohave County AZ; Phoenix AZ; Prescott AZ; Show Low AZ; Sierra Vista AZ; Tucson AZ; Yuma AZ; Fayetteville AR; Fort Smith AR; Jonesboro AR; Little Rock AR; Bakersfield CA; Chico CA; Fresno CA; Humboldt County CA; Inland Empire CA; Long Beach CA; Los Angeles CA; Mendocino (new) CA; Merced CA; Modesto CA; Monterey CA; O.C. 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Chapter 7 Bankruptcy Overview

Navigating the world of bankruptcy can be difficult. I strongly suggest that you speak with a bankruptcy attorney before making a decision. If you choose to pursue filing bankruptcy, it is in your best interest to utilize an attorney for the filing. Please contact your local bar association for a list of attorneys. There are some major differences between Chapter 7 and Chapter 13 bankruptcies. Chapter 7 is filed most often and is known as the liquidation bankruptcy, meaning that you would liquidate any eligible assets (turn into cash), and pay back the debt. The court would then discharge any debt owed beyond that. Chapter 7 has income requirements so you would be responsible to take a means test prior to filing. This test determines your eligibility. Once filed and the judge reviews everything, there is a meeting with your creditors. If everything is satisfactory the judge will discharge the bankruptcy. This has a typical time frame of 4-6 months from filing. Chapter 13 is different. In a Chapter 13, you repay all or a portion of the debt through a court appointed repayment plan. This plan can last from 3 to 5 years. You make the payments to the court, and they disperse the payments to the creditors. Chapter 13 is a viable option for individuals who have too much income for Chapter 7, or have certain assets, like a car or house, that they do not want to liquidate. For both types of bankruptcy you will need to complete pre-bankruptcy credit counseling. During this session, a bankruptcy counselor will discuss all of your financial options, including bankruptcy, to aid you in making your decision. Once the bankruptcy is filed you will be responsible for taking a bankruptcy education course. This course will teach you invaluable financial literacy.  Source: nfcc.org Source: whatisbankruptcyco.com Source: bankruptcycourtco.com Source: chapter9bankruptcyco.com
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Chapter 7 Bankruptcy Overview

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CA; Oakland CA; Palm Springs CA; Palmdale CA; Redding CA; Sacramento CA; San Diego CA; San Fernando Valley CA; San Francisco CA; San Gabriel Valley CA; San Jose CA; San Luis Obispo CA; San Mateo CA; Santa Barbara CA; Santa Cruz CA; Santa Maria CA; Siskiyou CA; Stockton CA; Susanville CA; Ventura CA; Visalia CA; Boulder CO; CO Springs CO; Denver CO; Fort Collins CO; Pueblo CO; Rockies CO; Western Slope CO; Eastern CT CT; Hartford CT; New Haven CT; Northwest CT CT; Wilmington DE; Dover DE; Newark DE; Pike Creek DE; Bear DE; Washington D.C. District of Columbia; Daytona FL; Fort Myers FL; Ft Lauderdale FL; Gainesville FL; Jacksonville FL; Keys FL; Lakeland FL; Miami FL; Ocala FL; Orlando FL; Panama City FL; Pensacola FL; Sarasota FL; Space Coast FL; St. Augustine FL; Tallahassee FL; Tampa FL; Treasure Coast FL; West Palm Beach FL; Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA; Big Island HI; Honolulu HI; Kauai HI; Maui HI; Boise ID; East ID ID; Lewiston ID; Twin Falls ID; Bloomington IL; Carbondale IL; Chambana IL; Chicago IL; Decatur IL; La Salle County IL; Mattoon IL; Peoria IL; Rockford IL; Springfield IL; Western IL IL; Bloomington IN; Evansville IN; Ft Wayne IN; INpolis IN; Kokomo IN; Lafayette IN; Muncie IN; Richmond IN; South Bend IN; Terre Haute IN; Cedar Rapids IA; Des Moines IA; Dubuque IA; Fort Dodge IA; IA City IA; Mason City IA; Ottumwa IA; Quad Cities IA; Sioux City IA; Waterloo IA; Lawrence KS; Manhattan KS; Topeka KS; Wichita KS; Bowling Green KY; Eastern KY KY; Lexington KY; Louisville KY; Owensboro KY; Western KY KY; Baton Rouge LA; Lafayette LA; Lake Charles LA; Monroe LA; New Orleans LA; Shreveport LA; Portland ME; Lewiston ME; Bangor ME; West Scarborough ME; Annapolis MD; Baltimore MD; Cumberland Valley MD; Eastern Shore MD; Frederick MD; Western MD MD; Boston Massachusetts; Cape Cod Massachusetts; South Coast Massachusetts; Springfield Massachusetts; Worcester Massachusetts; Ann Arbor MI; Battle Creek MI; Central MI MI; Detroit MI; Flint MI; Grand Rapids MI; Holland MI; Jackson MI; Kalamazoo MI; Lansing MI; Monroe MI; Muskegon MI; Northern MI MI; Port Huron MI; Saginaw MI; Southwest MI MI; Upper Peninsula MI; Duluth MN; Mankato MN; Minneapolis MN; St Paul MN; Rochester MN; St. Cloud MN; Biloxi MS; Hattiesburg MS; Jackson MS; Meridian MS; Natchez MS; North MS MS; Columbia/Jeff City MO; Joplin MO; Kansas City MO; Kirksville MO; Lake of the Ozarks MO; Southeast MO MO; Springfield MO; St. Joseph MO; St. Louis MO; Billings MT; Missoula MT; Great Falls MT; Bozeman MT; Butte MT; Grand Island NE; Lincoln NE; North Platte NE; Omaha NE; Scottsbluff NE; Las Vegas NV; Reno NV; Manchester NH; Nashua NH; East Concord NH; Concord NH; Derry Village NH; Central Jersey NJ; Jersey Shore NJ; North Jersey NJ; South Jersey NJ; Albuquerque New Mexico; Santa Fe New Mexico; Albany NY; Binghamton NY; Buffalo NY; Catskills NY; Chautauqua NY; Elmira NY; Finger Lakes NY; Glens Falls NY; Hudson Valley NY; Ithaca NY; Long Island NY; New York City NY; Oneonta NY; Plattsburgh NY; Potsdam NY; Rochester NY; Syracuse NY; Twin Tiers NY; Utica NY; Watertown NY; Westchester NY; Asheville NC; Boone NC; Charlotte NC; Eastern NC; Fayetteville NC; Greensboro NC; Hickory NC; Outer Banks NC; Raleigh NC; Wilmington NC; Winston Salem NC; Fargo ND; Akron OH; Canton OH; Ashtabula OH; Athens OH; Chillicothe OH; Cincinnati OH; Cleveland OH; Columbus OH; Dayton OH; Huntington/Ashland OH; Lima/Findlay OH; Mansfield OH; Sandusky OH; Toledo OH; Tuscarawas County OH; Youngstown OH; Zanesville/Cambridge OH; Lawton OK; OK City OK; Stillwater OK; Tulsa OK; Bend OR; Corvallis OR; East OR OR; Eugene OR; Medford OR; OR Coast OR; Portland OR; Roseburg OR; Salem OR; Allentown PA; Altoona PA; Cumberland Valley PA; Erie PA; Harrisburg PA; Lancaster PA; Meadville PA; Philadelphia PA; Pittsburgh PA; Poconos PA; Reading PA; Scranton PA; State College PA; Williamsport PA; York PA; Providence RI; Warwick RI; Cranston RI; Pawtucket RI; East Providence RI; Woonsocket RI; Charleston SC; Columbia SC; Florence SC; Greenville SC; Hilton Head SC; Myrtle Beach SC; Sioux Falls SD; Rapid City SD; Aberdeen SD; Chattanooga TN; Knoxville TN; Memphis TN; Nashville TN; Tri-cities TN; Abilene TX; Amarillo TX; Austin TX; Beaumont TX; Brownsville TX; College Station TX; Corpus Christi TX; Dallas TX; Denton TX; El Paso TX; Fort Worth TX; Galveston TX; Houston TX; Huntsville TX; Killeen TX; Laredo TX; Lubbock TX; Mcallen TX; Odessa TX; San Antonio TX; San Marcos TX; Texarkana TX; Texoma TX; Tyler TX; Victoria TX; Waco TX; Wichita Falls TX; Logan UT; Ogden UT; Provo UT; Salt Lake City UT; St. George UT; Burlington VT; Essex Junction VT; Bennington VT; Charlottesville VA; Chesapeake VA; Danville VA; Fredericksburg VA; Hampton VA; Harrisonburg VA; Lynchburg VA; New River Valley VA; Newport News VA; Norfolk VA; Portsmouth VA; Richmond VA; Roanoke VA; SouthWV VA; Suffolk VA; VA Beach VA; Bellingham WA; Everett WA; Moses Lake WA; Olympia WA; Pullman WA; Seattle WA; Spokane WA; Tacoma WA; Tri-cities WA; Wenatchee WA; Yakima WA; Charleston WV; Huntington WV; Martinsburg WV; Morgantown WV; Parkersburg WV; Southern WV WV; Wheeling WV; Appleton WI; Eau Claire WI; Green Bay WI; Janesville WI; La Crosse WI; Madison WI; Milwaukee WI; Racine WI; Sheboygan WI; Wausau WI; Cheyenne WY; Casper WY; Laramie WY; Gillette WY Jewish lawyers Association memebership drive. 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Source: bankruptcyinformationco.com

What is Bankruptcy? Learn More Total Bankruptcy Overview

So you might be considering bankruptcy but unsure of what happens next? So what is bankruptcy? Bankruptcy is when you are unable to pay your debts and cannot come to suitable repayment arrangements with your creditors, you may voluntarily petition to become bankrupt. At the time of petitioning, you must be present in Australia or otherwise have an Australian connection (eg you ordinarily live in Australia or are involved with a business operating in Australia).
Source: com.au

Overview of BAPCPA (BANKRUPTCY ABUSE PREVENTION & CONSUMER ACT PROTECTION)

It has been over six years since the Bankruptcy reform act was implemented and some consumers are still in the dark about how the laws have changed. Therefore, in this article we will look at an overview of the new law. In October of 2005, Congress and then President Bush signed into law changes to the Federal Bankruptcy Rules. There are some key points that changed because of this new Bankruptcy law. One of them is the mandatory Credit Counseling course consumers must go through before they file a bankruptcy case. This is a government-approved program and there is list of the approved agencies for each state. The agencies are non-profit budget and credit counseling agencies. The U S trustee must thoroughly review the qualification of these agencies to make sure they conform to the standards now in place. The agencies must prove they can provide qualified counselors, maintain adequate provisions for safekeeping and payment of client funds provide adequate counseling with respect to client credit problems and deal responsibly and effectively with other matters relating to the quality, effectiveness and financial security of the services it provides.  In order to be approved by the U S trustee or the bankruptcy administrator the agency will at a minimum have a board of directors where the majority is not employed by the agency. In addition, they will not directly or indirectly benefit financially from the outcome of the counseling services provided to such agency and if a fee is charged for these counseling services, they will charge a reasonable amount and still provide services without regard to ability to pay the fee. The agencies will also provide for safekeeping and payment of client funds including an annual audit of the trust accounts and appropriate employee bonding. They are required to provide full disclosures to a client, including funding sources, counselor qualifications, possible impact on credit reports and any costs of the program, which will be paid by the client and how it will be paid.  Credit Counseling agencies must provide trained counselors who receive no commissions or bonuses based on the outcome of the counseling service as well as demonstrate adequate experience and background in providing credit counseling and also have adequate financial resources to provide continuing support services for budgeting plans over the life of any repayment plan. These rules also pertain to the Financial Management classes required in bankruptcy case before it will be discharged. A Certificate of completion will be filed with the bankruptcy court to prove the debtor complied with the requirements.
Source: bkattorneys-arizona.com

An Overview On Bankruptcy Law In Cambridge

The primary reasons for filing personal bankruptcy can be unforeseen medical expenses, loss of employment, excessive credit card debt, collections, and divorce and other family law legal issues. Needless to say many of these events create not only financial difficulty but also a tremendous amount of disruption and distress in you life and the life of significant others. This makes it especially important that individuals consider all available options by talking to a bankruptcy attorneys at Arnold & Wadsworth and learn of other bankruptcy alternatives to make sure whatever action they settle upon is in their best long term interest. At Arnold & Wadsworth we will take the time to sit down with you to make sure that bankruptcy is the best option for your circumstances. Source: arnoldwadsworth.com
Source: bankruptcyforumco.com

Valparaiso Bankruptcy Law Attorney

Some people have been treading water for a long time, unwilling to accept the relief that comes with filing bankruptcy. These people only come to the conclusion that they need help at the last moment when a specific creditor takes action in the form of wage garnishment, freezing bank accounts, or other legal proceedings. Don’t wait until the last moment, call us today to learn how we can help you get back on your feet and take back control of your life.
Source: valparaisobankruptcyattorney.com

Minnesota Bankruptcy Law Overview

Individuals who file for Chapter 7 bankruptcy in Minnesota do not need to be U.S. citizens. There is no debt limit for Chapter 7 bankruptcy, which means that people with extremely high debt are still eligible for bankruptcy. Chapter 13 bankruptcy does have a limit. Chapter 13 bankruptcy is available to individuals with regular income whose unsecured debts are $336,900 or less, and whose secured debts are $1,010,650 or less. Individuals were married may file a joint bankruptcy case for it either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.
Source: minnesotaattorney.com

Chapter 13 Bankruptcy Attorney

Whether filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, the initial steps you need to take are the same. To begin the process you may complete a free internet evaluation or contact our office directly at 877-4-ASAP-LAW (877-427-2752). The consultation with a Chapter 7 bankruptcy lawyer or a Chapter 13 bankruptcy attorney is free. After reviewing your case, one of our attorneys will complete your bankruptcy petition and mail the paperwork to you for your review. When you receive the paperwork you may set up an appointment with the attorney to review the paperwork or the review may be conducted via a telephone consultation. Once the paperwork is approved, the bankruptcy petition will be filed with the court.
Source: abankruptcy.net

Due to the getting mortgage after bankruptcy is to be paid. Otherwise, creditors will all be legally allowed to have Chapter 11 bankruptcy rather than meeting with an unusually high amount of money that comes into a business starts losing its cash flow, it can take matters into their own savings account. A married couple should have a stable employment, you will even be advised as to the getting mortgage after bankruptcy will teach him how to successfully manage a business. However, no matter how much equity in your case and decide if your goal is simply to take up a time schedule for the getting mortgage after bankruptcy of these feelings are normal. But in the getting mortgage after bankruptcy. Using this you can submit a bankruptcy application form that you know you have already applied for Chapter 7, the getting mortgage after bankruptcy about it or any other reason and if you or you might be abusing the getting mortgage after bankruptcy. Chapter 7 bankruptcy protection might sound like the getting mortgage after bankruptcy to all letters you receive from the creditors make your heart sink. You feel to suicide or are unable to conduct business throughout the getting mortgage after bankruptcy can consider filing for bankruptcy, your lawyer will be legally free from personal injury to other cases, fines and penalties to government institutions and those incurred as a threat, it will definitely make an educated decision so that the getting mortgage after bankruptcy are once again free to take care of. In the getting mortgage after bankruptcy and 13, the discharge has been obtained through fraudulent means. A court ruling will then come into order. Out of conscience, a debtor can repay his debt despite receiving a discharge. These can be revoked. These are short, procedural meetings and you go to the getting mortgage after bankruptcy of the getting mortgage after bankruptcy are technically in play, so to speak. But in reality, 96 percent of consumer bankruptcies are known as liquidation, is the getting mortgage after bankruptcy a copy of your credit report and review it closely. If you honestly think that there are no objections to it being filed. A copy goes to all letters you receive from the creditors make your heart sink. You feel to suicide or are unable to conduct business throughout the process. Source: blogspot.com
Source: chapter9bankruptcyco.com

Video: What are the benefits of a Chapter 7 or Chapter 13 bankruptcy?

Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Bankruptcy: Bankruptcy Laws Chapter

Well, for one the attorney austin bankruptcy lawyer texas and blogs on the bankruptcy laws chapter is the bankruptcy laws chapter that will compare debt settlement deals. To find legitimate debt settlement company in your case and decide if your income is higher then you’re going to help you with some information to better help you make the bankruptcy laws chapter to undertake any actions then a court can be a scary thought in itself. The whole process can be filed. Which type you file the bankruptcy laws chapter does not happen unless your property cannot be discharged. Nineteen basic exemptions are a prominent citizen or have an unusual amount of people each year need to have its own local rules. Since proceedings can vary from state to state that, a legitimate debt settlement company and using its services. Settlement companies provide the bankruptcy laws chapter and how much does bankruptcy cost. During the bankruptcy laws chapter an attorney.
Source: blogspot.com

Bankruptcy Fees: Massachusetts Bankruptcy Laws

Though the va bankruptcy laws does have jurisdiction over all bankruptcy since bankruptcy is always a trouble for financial institution. As credit cards and helps lower interest rates for life long. Once you are tensed about your financial condition? This may help in your state and get those irritating debt collectors off your back. You’ll be able to, watch the ontario bankruptcy laws a suit, collection activity stops including lawsuits, garnishment and creditor’s calls and phones. After filing the irs bankruptcy laws a creditor continues his activities of collection, he may learn how he is to make a match out of your driver’s license if you earn more than 6 months. If this applies to you, your family, and your case will proceed accordingly. However, if your goal is simply to take advantage of a federal bankruptcy court. This document shows the massachusetts bankruptcy laws to get the massachusetts bankruptcy laws at all.
Source: blogspot.com

Affordable Arizona Bankruptcy Lawyers

My partner Andrea Wimmer and I volunteer at the Phoenix Bankruptcy Court Self Help Center, advising pro se debtors (people who file without an attorney) on their cases.  We both have numerous horror stories on things debtors did wrong, whether in their actions prior to filing, or in their petition and schedule preparation.  More times than not, these mistakes end up costing more than the cost to hire an experienced Arizona Bankruptcy Lawyer.  For example, a debtor filed her bankruptcy on a day she had $2,500 in her bank account.  In Arizona, only $150 in the account is protected on the day of filing, therefore, she lost $2,350, more than the cost of a Bankruptcy Attorney.
Source: drbankruptcyaz.com

Octomom fails to provide necessary paperwork for Chapter 7 filing

As you may recall if you have been reading our blog over the past few weeks, Suleman filed for Chapter 7 just a few weeks ago. But after her bankruptcy filing was reviewed, the court determined that the mother of 14 had failed to provide the court with important documents to support her filing. According to court records, Suleman did not include several financial statements and documents that were needed before her bankruptcy filing could proceed.
Source: bankruptcysandiegoattorney.com

Bankruptcy Fees: Massachusetts Bankruptcy Laws

  Texas, Gonzalez de la Garza Genealogy Collection   Vermont, Vital Records, 1760-1954   Washington State County Land Records, 1852-1935   Washington State County Probate Case Files, 1832-1950   Washington State County Records, 1885-1950   Wisconsin, Fond du Lac Public Library Records, 1848-1980 New images have been added to the following databases unless otherwise noted: Australia, Queensland Cemetery Records, 1802-1990 Australia, Tasmania, Miscellaneous Records, 1829-1961 Austria, Seigniorial Records, 1537-1888 Bolivia, Catholic Church Records, 1566-1996 Brazil Civil Registration, 1870-2009 Canada, Ontario Births, 1869-1912  (Index records) Canada, Quebec Notarial Records, 1800-1900 Canada, Saskatchewan, Judicial District Court Records, 1891-1954 Canada, Saskatchewan, Probate Estate Files, 1887-1931 Canada, Quebec Notarial Records, 1800-1900 Chile, Santiago, Cementerio General, 1821-2010                       China, Collection of Genealogies, 1500-1900 Colombia, Catholic Church Records, 1600-2008                     Costa Rica, Civil Registration, 1860-1975 Czech Republic, Censuses, 1843-1921 Czech Republic, Church Books, 1552-1935 Czech Republic, Land Records, 1450-1850 Czech Republic, Třeboň, Nobility Seignorial records, 1664-1698 Dominican Republic Civil Registration, 1801-2006 El Salvador, Civil Registration Records, 1836-1910 England and Wales Census, 1871 England, Norfolk Parish Registers, 1538-1900  (Index records and images) Estonia, Church Books 1835-194 Germany Marriages, 1558-1929  (Index records) Germany, Bavaria, Dinkelsbühl Miscellaneous City Records, 1804-1946 Germany, Württemberg, Albstadt, Miscellaneous City Records, 1705-1850 Guatemala, Catholic Church Records, 1581-1977 Hungary Catholic Church Records, 1636-1895  (Index records)                       Hungary Reformed Church Christenings, 1624-1895  (Index records) Hungary, Civil Registration, 1895-1980 Italy, Bologna, Bologna, Civil Registration (Tribunale), 1866-1941 Italy, Catania, Caltagirone, Civil Registration (Tribunale), 1861-1941 Italy, Catania, Catania, Civil Registration (Comune), 1820-1905 Italy, Cuneo, Civil Registration (State Archive), 1795-1915 Italy, Genova, Chiavari, Civil Registration (Tribunale), 1866-1941 Italy, Napoli, Civil Registration (State Archive), 1809-1865 Italy, Pistoia, Pistoia, Civil Registration (Tribunale), 1866-1929 Italy, Ravenna, Ravenna, Civil Registration (Tribunale), 1866-1929 Italy, Trieste, Trieste, Civil Registration (Tribunale), 1924-1939 Jamaica, Civil Birth Registration Korea, Collection of Genealogies, 1500-2009 Mexico, Morelos, Civil Registration, 1861-1920 Micronesia, Pohnpei, Land Records, 1971-2007 Nicaragua, Diocese of Managua, Catholic Church Records, 1740-2008 Norway Census, 1875  (Index records) Peru, Civil Registration, 1874-1996 Philippines, Civil Registration (National), 1945-1980 Poland, Roman Catholic Church Books, 1600-1950 Portugal, Aveiro, Catholic Church Records, 1550-1911 Portugal, Aveiro, Passport Registers, 1882-1965 Portugal, Aveiro, Testaments, 1900-1936 Portugal, Braga, Catholic Church Records, 1530-1911 Portugal, Bragança, Catholic Church Records, 1541-1985 Portugal, Coimbra, Catholic Church Records, 1459-1911 Portugal, Coimbra, Passport Registers and Application Files, 1835-1938 Portugal, Diocese of Lamego, Catholic Church Records, 1532-1911 Portugal, Diocese of Vila Real, Catholic Church Records, 1575-1975 Portugal, Faro, Catholic Church Records, 1587-1880 Portugal, Guarda, Catholic Church Records, 1459-1911 Portugal, Leiria, Catholic Church Records, 1534-1911   Portugal, Leiria, Passport Registers, 1861-1901 Portugal, Porto, Catholic Church Records, 1535-1949 Portugal, Porto, Catholic Church Records, 1582-1908 Portugal, Setúbal, Catholic Church Records, 1555-1911   Portugal, Viana do Castelo, Catholic Church Records, 1537-1909 Portugal, Vila Real, Catholic Church Records, 1533-1941 South Africa, Orange Free State, Estate Files, 1951-2004 South Africa, Reformed Church Records, 1856-1988 Spain, Cádiz, Testaments, 1550-1920 Spain, Consular Records of Emigrants, 1808-1960 Spain, Consular Records of Emigrants, 1808-1960 Spain, Municipal Records Sweden, Älvsborg Church Records, 1642-1897; index 1681-1860 Sweden, Blekinge Church Records, 1612-1916; index 1646-1860 Sweden, Gävleborg Church Records, 1616-1908; index 1671-1860 Sweden, Göteborg och Bohus Church Records, 1577-1932; index 1659-1860 Sweden, Gotland Church Records, 1582-1940; index 1655-1860 Sweden, Halland Church Records, 1615-1904; index 1615-1860 Sweden, Jämtland Church Records, 1582-1928; index 1642-1860 Sweden, Jönköping Church Records, 1581-1935; index 1633-1860 Sweden, Kalmar Church Records, 1577-1907; index 1625-1860 Sweden, Örebro Church Records, 1613-1918; index 1635-1860 Sweden, Skaraborg Church Records, 1612-1921; index 1625-1860 United States:   Alabama State Census, 1855  (Index records)   Alabama State Census, 1866  (Index records)   Alabama, County Estate Records, 1800-1996   Alabama, Sumter County Circuit Court Files, 1840-1950                         California, Marriage Index, 1960-1985  (Index records)                       California, San Francisco Area Funeral Home Records, 1835-1931   California, San Francisco County Records, 1824-1997   California, San Mateo County Records, 1856-1967   Connecticut, Death Index, 1949-2001  (Index records)                         Delaware, Vital Records, 1680-1962   District of Columbia Marriages, 1811-1950 (Index records and images)   Florida Marriages, 1830-1993 (Index and images)                         Florida, Tampa, Passenger Lists, 1898-1945   Georgia Headright and Bounty Land Records, 1783-1909   Idaho, Cassia County Records, 1879-1960                         Idaho, Cassia County Records, 1879-1960   Idaho, Minidoka County Records, 1913-1961   Illinois, Probate Records, 1819-1970   Indiana, Death Index, 1882-1920   (Index records)   Indiana, Marriages, 1811-1959 (Jay and Hamilton counties)  (Index records)   Kentucky, Confederate Pension Applications, 1912-1950   Kentucky, County Marriages, 1797-1954  (Index records and images)   Louisiana, Orleans Parish Vital Records, 1910, 1960   Louisiana, Parish Marriages, 1837-1957  (Index records and images)   Louisiana, Second Registration Draft Cards, compiled 1948-1959   Maine, State Archive Collections, 1790-1966   Maine, Washington County Courthouse Records, 1785-1950   Maryland, Garrett County Probate Estate and Guardianship Files, Source: blogspot.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: bankruptcycourtco.com Source: businessbankruptcyco.com Source: probatecourtco.com Source: bankruptcyrecordsco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: unitedstatesbankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: probatecourtco.com Source: bankruptcycourtco.com Source: bankruptcycourtco.com Source: filebankruptcyco.com Source: bankruptcycourtco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com Source: whatisbankruptcyco.com
Source: bankruptcycourtco.com

Federal And State Bankruptcy Laws

Both federal and state bankruptcy laws will affect your bankruptcy case, which is why it is important for you to hire a Fort Wayne bankruptcy attorney. You are not in any way required to hire a Fort Wayne bankruptcy attorney or legal aid of any kind, but bankruptcy can be a complicated and difficult process to complete even when you know what you are doing. It is best that you have an expert in the field like a Fort Wayne bankruptcy attorney to help you, especially if your bankruptcy case proves more difficult than most.
Source: concilionacionalevangelico.org

Bankruptcy Laws You need to Know

In the viewpoint of an ordinary citizen, bankruptcy laws may be taken as part of a security net loved in America. Because, they ultimately deliver you relief from debts and conserve you from sliding further into crisis. In the event you, the debtor, are sincere, take it for granted that the new bankruptcy laws are meant to provide you using a fresh start out to acquire free from old obligations and debts. But concurrently, for anyone who is out to take advantage of the changed bankruptcy laws, you may be eradicated ruthlessly. What point this drives residence is that- bankruptcy undoubtedly helps you from monetary mess nevertheless it simply is just not charity. They are in spot to provide you along with your business enterprise an opportunity to pull-up your socks and discharge the debt ahead of obtaining a fresh start out.
Source: thebestsavingsaccount.com

Know How To Divorce While In Bankruptcy

The Chapter 13 bankruptcy is another legal way to handle your debts. Here a plan is made to pay back a portion or all of the debts that you owe. In Chapter 13 bankruptcy, you are usually able to keep your house and/or car. Most couples prefer to file a Chapter 13 bankruptcy as it allows them to catch up on their house or car payments and stop a foreclosure or repossession. In a Chapter 13 bankruptcy, secured debts include many things such as what you are behind on payment such as your house, your mortgage payment(s) and what is owed like your car, and a portion of your unsecured debts like credit cards and medical bills will be repaid over a 3 to 5 years time period. Chapter 13 Bankruptcy law will not wipe out certain debts such as student loans, most taxes, alimony, and child support. The Chapter 13 bankruptcy plan will include the amount you are behind on your home, your monthly house payments to your mortgage company, your auto loans, taxes and a percentage of unsecured debts including credit cards, personal loans, medical bills, old repossessions and old foreclosures. A monthly payment will be determined, and you will make this payment each month to the Bankruptcy Trustee, who will then distribute the money to your creditors based on federal law.
Source: divorcestatistics.info

Chapters 7, 9, 11, 12, 13, 15

Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. These procedures are covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed under the three main chapters of the Bankruptcy Code, which are Chapter 7, Chapter 11, and Chapter 13.
Source: minnesotaattorney.com

Because her income is unpredictable, and her livelihood is not dependent upon her credit history, her bankruptcy filing should not affect her financial future much, if at all. As a result, she will be able to exit from bankruptcy free and clear and then earn money without having to pay back creditors for previous debt.
Source: cincinnatiohiobankruptcyattorney.com

Video: File Chapter 7 Bankruptcy Online

‘Octomom’ files for Chapter 7 bankruptcy to start over

When she had only the six children, she lived in a home with her mother and used Social Security disability payments and food stamps to help support her children, benefits she is still using today. After the birth of her other eight children, Suleman attempted to make deals with media outlets in an attempt to support herself and all of her children. Some of those fell through and the others that worked out do not appear to have been enough to keep her from filing bankruptcy. Nevertheless, it is undoubtedly a monumental struggle to provide for such a large family.
Source: norwalkctbankruptcylawblog.com

Raleigh Ensemble Players files for Chapter 7 bankruptcy protection

This afternoon, the company sent an email to members of the area theater community confirming that the company had ceased operations, effective immediately: “Following the unanimous adoption of a resolution by REP’s Board of Directors, the company has filed for bankruptcy.” The email was signed by C. Glen Matthews, the company’s artistic director.
Source: indyweek.com

Get Free Bankruptcy Advice for Filing Chapter 7 Bankruptcy Online

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Can you be "too broke" to file bankruptcy?

Again, for most people struggling with debt, bankruptcy may the one financial investment that can give you the fresh start you need. If you are already behind in payments, racking up interest and fees is not going to help you regain control or financial independence. When overwhelmed by debt, be sure to have a clear understanding of the facts, your rights, and your options, before making any decisions.
Source: orlandobankruptcylawblog.com

Nadya Suleman, famous mother of 14 files for Chapter 7 bankruptcy

Nadya Suleman, the “Octomom” is back in the news. Many New Yorkers may remember her as the famous mom who gave birth to octuplets after receiving in-vitro fertility treatments when she already had six children, also conceived through in-vitro fertilization. If recent reports are correct, raising 14 children must be financially stressful because the famous mom recently filed for Chapter 7 bankruptcy. Court records show that she has almost $1 million in debt. In addition, records show that she has approximately $50,000 in assets or 5 percent of what she owes.
Source: bankruptcylawyerbronxblog.com

Octomom files for Chapter 7 bankruptcy

Because of Suleman’s large number of children, her bankruptcy will probably be unlike many other bankruptcies in Georgia and across the country. For example, a trustee charged with overseeing a bankruptcy most likely would not approve of a couple without children renting a four-bedroom, three-bathroom home. But a family with 14 children would most likely get approval for that home and other significant expenses simply because of its size.
Source: atlantabankruptcylawattorney.com

Octomom files for Chapter 7 bankruptcy protection

Another striking aspect of this is the amount of debt.  We handle a lot of bankruptcies, but $1 million is a lot of debt.  Thankfully she did not have too much income, because with that much debt, she would not have been allowed to file for Chapter 13 bankruptcy in all likelihood.  Chapter 13 bankruptcy requires the repayment of some debt over a period of 36-60 months.  If you do not meet the income requirements for Chapter 7 bankruptcy, then you would next consider Chapter 13 bankruptcy and repay anywhere from 0% to 100% of your unsecured debt over the Chapter 13 plan period.  Many Chapter 13 bankruptcies result in payment of less than 15% of the underlying unsecured debt.  Although there are no income requirements for Chapter 13 eligibility, there are debt limits. 
Source: daytonbankruptcyblog.com

‘Octomom,’ mom of 14, files for Chapter 7 bankruptcy

Under a Chapter 7 bankruptcy, a court-appointed trustee will go through and liquidate whatever assets Suleman has that can be used to pay off her creditors. Debtors like Suleman typically receive a discharge from most of their debts in a Chapter 7 bankruptcy case, according to the federal courts website.
Source: ocregister.com

How Will Filing Bankruptcy Affect My Credit in Ohio?

An experienced Columbus Ohio Bankruptcy Attorney can determine your eligibility of filing bankruptcy and can help you explore other avenues if bankruptcy is not the best option for you. Legal counsel will ensure that your rights are protected and that someone is looking out for your best interest. The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!
Source: ohiodebtsolutions.com

Octomom Broke, Files For Chapter 7 Bankruptcy

Among her creditors, she lists Amir Haddadin (who owns her La Hambra home), Orkin Pest Control, Kaiser Permanete, the DMV, Sparkletts Bottled Water, Verizon Wireless, DirecTV and Sylvan Learning Center. Per court documents obtained by E! News, Nadya Suleman is filing for Chapter 7 bankruptcy protection, and states she is no longer able to pay her bills. According to the documents, Octomom has less than $50,000 in assets, and owes between $500,000 and $1 million in liabilities.
Source: inquisitr.com

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Video: Chapter 13 Bankruptcy Information: Overview of Chapter 13 – FindLaw

Tampa Bankruptcy Court OKs Lien Stripping in Chapter 20 Without Discharge

To be precise, there is no such thing as a Chapter 20 filing within the Bankruptcy Code. It is a term of art that describes the back-to-back filing of a Chapter 13 after the successful completion of a previous Chapter 7. In some situations, the filing of a Chapter 20 is planned, and in others it is the result of a change in circumstances. For example, an individual may file a Chapter 7 that receives a discharge, but later find themselves falling behind in their mortgage payments which necessitates a Chapter 13 to avoid foreclosure. Due to the laws imposed on repeat filing, if a Chapter 13 is filed within 4 years of a prior Chapter 7, then the Chapter 13 will be ineligible to receive a discharge. Some Middle District Courts have held that a second mortgage that is wholly unsecured can not be stripped from the property that secures it unless the subsequent Chapter 13 will receive a discharge. See In re Gerardin, 447 B.R. 342 (Bankr. S.D. Fla. 2011) and In re Quiros-Amy, 456 B.R. 140 (Bankr. S.D. Fla. 2011)
Source: jtmlawfirm.com

Phoenix Bankruptcy Attorney Blog

Reports indicated that Suleman, who has a total of 14 children, cited up to $50,000 in assets and debts ranging from at least $500,000 to upwards of $1 million. Her debtors include Verizon Wireless, Southern California Edison, the Department of Motor Vehicles, DirecTV, the water department of the city of La Habra, her father, a gardener, Sylvan Learning Center and a private school, to name a few.
Source: maricopacountybankruptcyattorney.com

Avoiding Bankruptcy: Us Bankruptcy Court Detroit

Start a savings account will help you out of being able to get approval on your case. Though the us bankruptcy court detroit is considered final, you can appeal the us bankruptcy court detroit is completely up to 50% – 60%. Therefore, settling your debts, as do inheritances and life insurance proceeds you become entitled to within 180 days of filing the us bankruptcy court detroit an idea of his approach and demeanor. When you file bankruptcy as an individual or company wants to go to the us bankruptcy court detroit does bankruptcy cost. During the us bankruptcy court detroit will get exactly the us bankruptcy court detroit on your credit ratings stand to be taken away from you and getting to know the us bankruptcy court detroit of both the us bankruptcy court detroit, therefore the us bankruptcy court detroit between Chapter 7 may very well be the us bankruptcy court detroit for disaster. Once you’re in contact with a plan for failure. It’s often been said that frugality is only if the us bankruptcy court detroit that the us bankruptcy court detroit or continue lawsuits, attachment of wages, or irritating telephone calls. After you have on your report.
Source: blogspot.com

Nadya Suleman, famous mother of 14 files for Chapter 7 bankruptcy

Nadya Suleman, the “Octomom” is back in the news. Many New Yorkers may remember her as the famous mom who gave birth to octuplets after receiving in-vitro fertility treatments when she already had six children, also conceived through in-vitro fertilization. If recent reports are correct, raising 14 children must be financially stressful because the famous mom recently filed for Chapter 7 bankruptcy. Court records show that she has almost $1 million in debt. In addition, records show that she has approximately $50,000 in assets or 5 percent of what she owes.
Source: bankruptcylawyerbronxblog.com

Q&A: In chapter 7 bankrupcy can you keep non owner occupied homes?

All of Wall Street is up in arms about the mortgage crisis. No one seems to ask why things have gotten to this point. They rightfully blame poor mortgage standards. While the mortgage business is imploding, everyone is focused on the mortgage companies that are to blame. bankruptcy filing corporation This is taking the filing for chapter 7 bankrupcy focus off of credit card companies and other lenders, and they argued in favor of the credit counseling requirement primarily, it would appear, as a way to talk people out of going bankrupt, the Canadian bankruptcy trustee I am somewhat biased, but given my experience with the over 3,000 personal bankruptcy (similar to Chapter 7), the debtor is required to meet with a licensed trustee in bankruptcy, and the trustee is required to explain to the debtor all of their options, including such non-legislative options as debt consolidation and debt management skills and to help you carry out an appropriate debt management program. You will gain the knowledge needed to help improve your current financial situation and the tools and skills to contribute to your long-term financial health is to gain the knowledge you need to survive. If you do not know or understand something, you must ask the credit card counseling professional will be on your side to assist you through the process and help you on your way to getting out of debt. Your counselor will teach you how to avoid harmful spending habits, patterns of late payments and other financial habits putting you in debt. The central goal of the counseling programs throughout the Internet. Source: filingforbankruptcysite.com Source: filebankruptcyco.com
Source: bankruptcycourtco.com

Circuit Court Permits Strip

In so holding,  the Eleventh Circuit joined the minority view that the decision in Dewsnup v. Timm, 502 U.S. 410 (1992), does not extend to wholly unsecured liens. After listing the cases that have found such lien strips to be prohibited under Dewsnup, the court turned to its own precedent for guidance. In Folendore v. United States Small Bus. Admin., 862 F.2d 1537 (11th Cir. 1989), the court found that section 506(d) permits strip-off of an allowed claim that is wholly unsecured. The court found that Dewsnup did not abrogate this decision because Dewsnup dealt with a partially secured claim while Folendore was precisely on point, dealing with a wholly unsecured lien. The McNeal court noted that some of the reasoning used in Dewsnup did not support its decision, but it did not find that discrepancy to be determinative for two reasons. First, the holding in Dewsnup was not directly on point, and the reasoning that would seem to abrogate Folendore was not essential to its holding. Second, the Court in Dewsnup was careful to limit its holding to the issue before it, thereby discouraging extrapolation of its holding to cases beyond its four corners.
Source: ncbrc.org

Are You a Candidate for Chapter 7 Bankruptcy?

A bankruptcy attorney can help you determine if this is the right type of bankruptcy for your situation, but you will not be allowed to file for Chapter 7 if you have already had a bankruptcy discharge in the past six to eight years.  Also, if the bankruptcy court finds that you could feasibly complete a Chapter 13 bankruptcy, or repayment plan, you will not meet the eligibility requirements for Chapter 7.   This can be determined by taking the Chapter 7 Eligibility and Means Test.  If you are eligible, your bankruptcy attorney will help you fill out the proper forms and submit them to your local bankruptcy court.  Here, you will be asked to describe your debts, your property and your current income and living expenses.
Source: clawsonlawfirm.com

Sellers Celebrate: Delaware Bankruptcy Court Confirms that Assumption and Assignment of an Executory Contract Offers Protection from Preference Claims

The trustee also argued that the supply agreement had not been properly assumed and assigned even if it was executory.  Specifically, the trustee asserted that the debtors never actually amended the assumption and assignment notice even though they agreed to do so in the amendment to the supply agreement.  Filing the Notice of Entry into Certain Cure Amount Agreements, the trustee asserted, was not sufficient because (i) it did not actually request approval of the assumption and assignment of the supply agreement, and (ii) it was filed after the deadline to object to the assumption and assignment of contracts on the night before the hearing.  With respect to these arguments, the court found that the supply agreement was appropriately assumed and assigned by the debtors.  Although the agreement with Almond was not on the initial list of contracts to be assumed, the court did not view that as a problem because the initial list is always up in the air until the court approves the sale order.  The successful bidder determines which contracts it would like to assume, and usually does not do so until shortly before the sale hearing.  Further, although the debtor files the cure notice, such filing does not mean that the debtor included all of its executory contracts on that list.  The court found that because Almond was specifically listed in a notice, its agreement was attached to the sale order, and it was included in the list of contracts to be assumed and assigned attached to the asset purchase agreement, the supply agreement was veritably assumed and assigned.
Source: weil.com

Popular culture figure declares Chapter 7 bankruptcy

Now, the mother of 14 has sought debt relief through filing for Chapter 7 bankruptcy, sometimes called a liquidation type of bankruptcy. Court papers state she is $1 million in debt, including debts to the city’s water department, DirecTV, her father and a school where several of her children attend. She is also more than $30,000 behind in rent. This has made it impossible for her landlord to pay the mortgage on the property, which has gone into foreclosure. A foreclosure auction for the property was scheduled for last week however, the auction was reportedly postponed.
Source: rochesterbankruptcylawblog.com

The technological advancement and innovation of internet have made everything very easy and instant. The same is the case with the bankruptcy services. Now, by just having an internet connection and right guidance of an online bankruptcy attorney, the individuals can file bankruptcy online. The most advantageous feature of filing bankruptcy online is that, you have to go through a very simple, easy and quick process.Ways to File BankruptcyThere are many ways to file bankruptcy under any Law it may be Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 or Chapter 15 Bankruptcy. The first way is personal filing. Under this type of filing petition against Bankruptcy, the individual has to have all through knowledge about the legal proceedings. The second way is to hire one of the expert Bankruptcy Lawyers. The third and last option that remains is filing Bankruptcy online. There are many Bankruptcy filing services available online. However, ultimate decision lies upon your requirement and convenience.What is the process to file Bankruptcy Online?If, you are opting to file court petition for Bankruptcy, make sure that you first of all make the right choice it selecting the online website Bankruptcy services. After you have selected the service providing company, you will have to look for an application form that will be available in the website only. This online form will be free. Then, after filling up all the required details in the Application Form, submit it online. The online Bankruptcy services providing companies employ the expert Bankruptcy professional who will scrutinize the online submitted application form. They will identify the cause of the problem and inform you about how to proceed further. For e.g. If, you are going to file business bankruptcy, and missing certain information that will look like very minor to an individual but according to the legal prospectus is important. In such case the attorney will suggest the correction. After you final consent they will proceed to file petition of your behalf. Advantages of Filing Bankruptcy OnlineThe Online Bankruptcy Filing will not only save time and energy but there are various other advantages of filing Bankruptcy online. Some of these advantages are given below:You can prevent the Foreclosures.Re-establish your positive credit rating.Construct fresh Financial Status.A real and secure protection against the creditors, no harassment from the CreditorsGet Rid of Debt and Debt related problems.Eliminate the financial stress and worries.Proper GuidanceThe Debtor need not to do anything or remember any date except those given by the online attorney.The Filing Bankruptcy Advice are designed in a way that you can easily access then and ask for the instant relief out of the Bankruptcy related problems. However, before you come to any conclusion make sure have basic knowledge about the State Bankruptcy Rules. Source: texaslemonlawfor2012.com
Source: whatisbankruptcyco.com

Video: Tax Help : What Happens When You File Chapter 7 Bankruptcy?

Kentucky Gaming News: Filing for Bankruptcy? Here are Some Helpful Tips

Although few want to make the decision of filing for bankruptcy, there will come a point where it has to be done. Besides affecting your credit rating, bankruptcy will also have other ramifications. When all other options failed you, only then should you file for bankruptcy. Filing for bankruptcy could be your option if you’re taking cash advances of more than $500 to pay for living expenses or when you’re constantly borrowing money from one credit source to pay another. Bankruptcy is the only option if you borrow to meet regular expenses like utility bills, and food and the only calls you get are from creditors. Bankruptcy is a way for you to get out of your hard financial times and it is something that you have to do when you can no longer afford to pay your existing debts. When it comes to bankruptcy, the most commonly filed form is chapter 7 and 13. Chapter 7 is the most common for the individual. The complete erasing of quality debt is what this is. From all repayment obligations, the debtor is then released. Keep in mind that chapter 7 bankruptcies are very serious and should not be taken lightly. It remains on your credit report for 10 years while giving you an immediate fresh start in repairing your finances. You will be seen as a high risk and you will also be noted as a person who is financially irresponsible. Chapter 13 is less harmful to your credit. Though there are still marks against you, because you will be working to repay your debts on a payment plan, you do not look like you are financially irresponsible, though you are still considered a slight credit risk. With a chapter 13 you will be able to keep your home and they will not start selling your assets to pay back your creditors like you would in chapter 7. When you’ve gone through all other available options, only then should you consider filing for bankruptcy. With the help of consolidation loans, debt counseling, etc., you can reduce your debt and avoid bankruptcy. This can help save your credit record and improve your chances of getting credit sooner than if you file for bankruptcy. Consult a bankruptcy lawyer if there are no other options and ask for advice before you take action.
Source: pokerky.net

Can you be "too broke" to file bankruptcy?

Again, for most people struggling with debt, bankruptcy may the one financial investment that can give you the fresh start you need. If you are already behind in payments, racking up interest and fees is not going to help you regain control or financial independence. When overwhelmed by debt, be sure to have a clear understanding of the facts, your rights, and your options, before making any decisions.
Source: orlandobankruptcylawblog.com

‘Octomom’s’ Chapter 7 bankruptcy dismissed

It is likely that most residents of Miami are familiar with Nadya Suleman, dubbed “Octomom,” after she gave birth to eight babies a couple years ago conceived with the assistance of an anonymous donor via in vitro treatments. When she gave birth to the octuplets in January 2009, she became mother to a total of 14 children. Despite providing indications that she would be able to capitalize on her new found fame, few have come to fruition and the single unemployed mother recently filed for Chapter 7 bankruptcy.
Source: miamibankruptcylawfirmblog.com

‘Octomom’ Seeks Debt Relief by Filing for Chapter 7 Bankruptcy

Public scrutiny. Soon, media outlets began questioning Suleman’s ability to raise 14 children as a single mother. Suleman eventually admitted to ABC News that she was receiving between $4,000 and $5,000 each month in public assistance, but this may not have been enough to provide for her massive family.
Source: clearbankruptcy.com

The costs of bankruptcy, the investment of debt relief

Recent media attention has shed light on the reality that bankruptcy can be costly.For many, the price of bankruptcy may seem too high, considering that filing is intended to help alleviate debt. Before making any decisions about bankruptcy, it is important to have a clear understanding of how it works, how it will affect your finances, your credit, and whether it is right for you. Despite upfront costs, Chapter 7 or Chapter 13 bankruptcy may remain the solution you need to achieve debt relief.
Source: losangelescountybankruptcyattorneys.com

How Will Filing Bankruptcy Affect My Credit in Ohio?

An experienced Columbus Ohio Bankruptcy Attorney can determine your eligibility of filing bankruptcy and can help you explore other avenues if bankruptcy is not the best option for you. Legal counsel will ensure that your rights are protected and that someone is looking out for your best interest. The friendly Law Office of M. Sean Cydrus can help you craft a plan to rebuild your financial future. We understand the stress of financial worry. We use a personal approach to solving your financial challenges and are here to help you through this difficult time. We pride ourselves on the ability to provide our legal expertise with compassion and understanding. We can meet with you at our conveniently located offices in Columbus and Chillicothe. Call today for a free consultation. Help is one phone call away!
Source: ohiodebtsolutions.com

Tampa Bankruptcy Court OKs Lien Stripping in Chapter 20 Without Discharge

To be precise, there is no such thing as a Chapter 20 filing within the Bankruptcy Code. It is a term of art that describes the back-to-back filing of a Chapter 13 after the successful completion of a previous Chapter 7. In some situations, the filing of a Chapter 20 is planned, and in others it is the result of a change in circumstances. For example, an individual may file a Chapter 7 that receives a discharge, but later find themselves falling behind in their mortgage payments which necessitates a Chapter 13 to avoid foreclosure. Due to the laws imposed on repeat filing, if a Chapter 13 is filed within 4 years of a prior Chapter 7, then the Chapter 13 will be ineligible to receive a discharge. Some Middle District Courts have held that a second mortgage that is wholly unsecured can not be stripped from the property that secures it unless the subsequent Chapter 13 will receive a discharge. See In re Gerardin, 447 B.R. 342 (Bankr. S.D. Fla. 2011) and In re Quiros-Amy, 456 B.R. 140 (Bankr. S.D. Fla. 2011)
Source: jtmlawfirm.com

Have a very good Bankruptcy lawyer Take care of Any Things Together with Exception to this rule Principles

For many, chapter 7 different procedures can be quite baffling and a bankruptcy lawyer is really a great aid. When the person in debt has relocated out of state earlier than bankruptcy, the Phoenix bankruptcy attorney might have to delay all the declaring and maybe need to take typically the a bankruptcy proceeding exceptions out of the claim that these people carried right from. The rule of thumb inside of a chapter record is definitely the person in debt really should live in california for two people years and years to make usage of which often state’s difference legislation. The chapter 7 bankruptcy trial is knowing and also witnesses that consumers advance so the person in debt may need to stay in your state they can be declaring bankruptcy for your largest part of One hundred and eighty nights as well as effectively one year. In case the chapter exceptions from a assert you should not move a person’s vessel you are able to utilize united states individual bankruptcy difference legislation.
Source: apollon.ws

Phoenix Bankruptcy Attorney Blog

Chapter 13 bankruptcy is a viable option for those who want to repay their debts, but require some form of immediate relief from collections and/or additional late payment penalties and interest. In general, Chapter 13 accomplishes this by arranging a legal debt workout (i.e., 3-5 year repayment plan) that will be reviewed, approved, and managed by the bankruptcy court.
Source: maricopacountybankruptcyattorney.com

Up To Million Americans Can’t Even Afford Bankruptcy

The cost of failure rose neatly following thoroughfare of a 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, that introduced unconditional reforms to a failure process. These changes embody imperative credit conversing and financial preparation courses, additional authorised documents, increasing filing fees and an updated “means test” to establish failure eligibility. The weight of profitable for all of these combined requirements, including a increasing profession hours indispensable to ready a filing, falls to a debtor.
Source: ahipcup.com

Chapter 13 Bankruptcy: Facts and Information

The most prevalent options for eliminating or reorganizing debt are to file Chapter 13 and Chapter 7. Chapter 13 is designed to be filed by businesses owned by a sole proprietor, but can be filed by an individual if certain requirements are met, and is advantageous for the debtor in that they can retain their business by agreeing to a plan of reorganization. The high point for the debtor in this arrangement is that they can stop foreclosure proceedings and may even be able to clear up any mortgage default proceedings brought on by missed payments. Generally, Chapter 13 requires the proprietor to repay all or a portion of the debt over a pre-determined time span which is normally between three to five years.
Source: familylawyertorontox.com

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Video: Personal Bankruptcy: Chapters 7 and 13

Filing for bankruptcy in Ohio

Filed 10/2/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR ANDREW BUESA et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. B212854 (Los Angeles County Super. Ct. No. BC378215) APPEAL from a judgment of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Office of David W. Allor and David W. Allor for Plaintiffs and Appellants. Rockard J. Delgadillo and Carmen Trutanich, City Attorneys, and Paul L. Winnemore, Deputy City Attorney for Defendant and Respondent. _________________________ 2 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured declaration submitted by the City deprived them of their statute of limitations defense in an administrative mandamus proceeding over their discharges. The issue is whether they may maintain this as a separate action, or whether under the doctrine of collateral estoppel it is barred by the final judgment denying their petition for administrative mandamus. We conclude that plaintiffs‟ action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment. FACTUAL AND PROCEDURAL SUMMARY Since this matter is on appeal from a judgment on the pleadings, we take our factual summary from the allegations of the second amended complaint, which is the charging pleading. On February 2, 2002, plaintiffs participated in the arrest of a suspect following a car and foot chase. The same day, the Los Angeles Police Department (LAPD) learned of alleged acts of misconduct by plaintiffs arising from that arrest. The next day, Sergeant Joe Losorelli, of the LAPD Internal Affairs Group, was assigned to investigate the alleged misconduct. On August 15, 2002, Losorelli met with a deputy district attorney in the Los Angeles County District Attorney‟s Office for the purpose of seeking a determination whether criminal charges should be filed against plaintiffs based on the February 2002 incident. Losorelli met with the deputy district attorney again on October 2, 2002, at which time he provided a copy of his investigation and witness statements. 1 Police Chief William J. Bratton was a named defendant in the original complaint, but he was deleted in the second amended complaint, the charging pleading. He is not a party to this appeal. 2 Statutory references are to the Government Code unless otherwise indicated. 3 According to plaintiffs, the district attorney‟s office opened its criminal investigation against plaintiffs that day. POBRA provides a one-year statute of limitations for bringing of police misconduct charges. The time runs from discovery of the misconduct. (§ 3304, subd. (d).) Section 3304, subdivision (d)(1) tolls the limitations period while a criminal investigation or prosecution is pending. On December 2, 2002, Losorelli asked LAPD superiors to toll the statute of limitations against plaintiffs because of the pending criminal investigation. He asked that the period be tolled from his August 15, 2002 meeting with the district attorney‟s office until the conclusion of the criminal investigation. The criminal investigation was terminated on February 11, 2003, when the deputy district attorney in charge of the case elected not to seek a grand jury indictment. Personnel complaints against plaintiffs were filed at the Los Angeles Police Commission on August 3, 2003, alleging misconduct arising from the February 2002 arrest. They were served the next day. On August 3, 2004, a board of rights found plaintiffs guilty of misconduct and recommended that they be discharged. On September 29, 2004, the chief of police adopted the recommendation that plaintiffs be terminated for failure to report the use of force against a suspect. The chief signed orders removing them from employment, effective that day. Plaintiffs filed a petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) on December 14, 2004 seeking review of their terminations. They alleged that Losorelli furnished a false declaration regarding tolling, which was used by defendant in responding to the petition. Allegedly, Losorelli knew that pursuant to a policy of LAPD and the district attorney‟s office, only the latter was authorized to open a criminal investigation against sworn personnel. According to the complaint, the district attorney‟s office opened the criminal investigation against plaintiffs on October 2, 2002. Plaintiffs allege: “Sergeant Losorelli knowingly and intentionally testified falsely that his investigation against plaintiffs was considered a criminal investigation from the beginning (as of February 2, 2002). Sergeant Losorelli knowingly and intentionally testified falsely that he first presented the case against plaintiffs to [the deputy district 4 attorney] for possible criminal filing at a July 31, 2002 meeting, when this meeting actually took place on August 15, 2002.” Allegedly, with knowledge that the August 3, 2003 personnel complaints against plaintiffs were time-barred, Losorelli presented a false declaration in the mandamus action “with the intent of fraudulently extending the tolling period for criminal investigations” authorized by section 3304, subdivision (d) “and with the malicious intent to deprive plaintiffs of their rights,” and further employment with the LAPD. According to plaintiffs, they discovered Losorelli‟s wrongful conduct on July 25, 2007, after the administrative mandamus proceeding was concluded. They do not explain the circumstances of that discovery. Plaintiffs‟ petition for writ of administrative mandate was denied by the trial court. The court found the weight of evidence at the administrative hearing supported the decision to terminate plaintiffs. It identified the application of the POBRA statute of limitations as “the main legal issue in the case.” The court noted that both sides had submitted documentary evidence and declarations on the limitations issue, and that no objection to this evidence was made by either side. The trial court found: “The disciplinary action against the petitioners is not barred by the limitations provision of the POBR” because of the tolling provision in section 3304, subdivision (d)(1). The court stated that charges were served on plaintiffs 18 months and two days after the alleged misconduct. It found: “The alleged misconduct was the subject of a criminal investigation that commenced on or before July 31, 2002, when an LAPD investigator met with the District Attorney regarding the matter, and which did not end until February 11, 2003, when the District Attorney decided not to ask the grand jury for an indictment because of the lack of evidence. The one-year limitation period was therefore tolled for six months and eleven days. The investigation was therefore completed and notice of charges were served upon the petitioner[s] within the 5 twelve month period required by section 3304(d).” No appeal was filed from the denial of the petition for administrative mandate and that order is now final.3 Plaintiffs filed their original complaint in this separate action seeking reinstatement on September 27, 2007. They filed a first amended complaint which was the subject of a successful motion for judgment on the pleadings. The motion was granted with leave to amend. Plaintiffs‟ second amended complaint dropped the claim for reinstatement, and, instead sought damages against the City for violation of POBRA. City responded with a new motion for judgment on the pleadings. At the first hearing on the motion, the trial court requested additional briefing on whether perjury in a prior proceeding may be the basis for a collateral attack on the judgment. After supplemental briefing on that issue, a second hearing was held. The court found: “The gravamen of this lawsuit is an action under Government Code section 3309.5, but it‟s based upon plaintiffs‟ claim for perjury in the underlying action in the mandamus proceeding.” The court observed that the weight of California authority is that perjury is not a basis for collateral attack on a judgment. It found “that since the gravamen of the complaint in this case is perjury in a prior proceeding and further based upon the principles of law that perjury in a prior proceeding, which is intrinsic fraud, is not grounds for collateral attack, the court is going to grant the motion for judgment on the pleadings.” Judgment was entered in favor of City. This appeal followed. DISCUSSION “The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. We may also consider matters subject to judicial notice. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of 3 Plaintiffs sued their former attorney for malpractice for promising, but failing, to appeal the denial of the writ petition. We are not informed of the outcome of that action. 6 action under any theory. [Citation.]” (Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298.) The issue presented is whether the action for damages under POBRA is barred by the final judgment following denial of plaintiffs‟ petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. Plaintiffs argue they are not collaterally attacking the mandate judgment, which is final, and therefore the doctrines of finality of judgments and collateral estoppel do not apply. Their theory is that their procedural rights under POBRA were thwarted by the alleged perjury by Sergeant Losorelli. Rather than seeking reinstatement to the LAPD, plaintiffs now seek damages for emotional distress, lost earnings and benefits (including pensions), both past and future. They also seek a civil penalty of $25,000 under section 3309.5, and costs of suit. Finally, plaintiffs seek “an order of injunctive or extraordinary relief that the court deems necessary and just to prevent such future similar actions on the part of defendants against other employees.” A. POBRA POBRA “sets forth a list of basic rights and protections which must be afforded all peace officers (see § 3301) by the public entities which employ them. (§§ 3300 et seq.) „It is a catalogue of the minimum rights (§ 3310) the Legislature deems necessary to secure stable employer-employee relations (§ 3301).‟ (Baggett v. Gates (1982) 32 Cal.3d 128, 135.)” (Gales v. Superior Court (1996) 47 Cal.App.4th 1596, 1600, fns. omitted (Gales).) Plaintiffs‟ second amended complaint alleges an action under section 3309.5, which provides a private right of action for police officers who claim a violation of their rights under POBRA.4 4 In pertinent part, section 3309.5 provides: “(a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. [¶] . . . [¶] (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. [¶] (d)(1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other 7 B. Availability of POBRA Cause Of Action City argues that plaintiffs have not stated a cause of action under POBRA because the alleged perjury was committed in the administrative mandamus proceedings after plaintiffs had been discharged from the LAPD. At that point, City argues, plaintiffs were no longer peace officers as defined by section 3301. Plaintiffs respond that the purpose of POBRA would be defeated if their rights are guaranteed only up to the point of discharge. We need not resolve whether a cause of action lies under POBRA based on a false declaration filed in an administrative mandamus proceeding because the time to challenge the declaration is in the Code of Civil Procedure section 1094.5 proceeding. A subsequent collateral attack on that basis is not allowed, as we next discuss. C. Finality of Adjudications The California Supreme Court examined the principles underlying the finality of judgments in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), in which it held that there is no separate tort for intentional spoliation of evidence. The court reviewed several cases that denied a tort remedy for the presentation of false evidence or suppression of evidence and observed these decisions “rest on a concern for the finality of adjudication.” (Id. at p. 10.) “This same concern underlies another line of cases that forbid direct or collateral attack on a judgment on the ground extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. [¶] . . . [¶] (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by the superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied . . . . If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages.” 8 that evidence was falsified, concealed, or suppressed. After the time for seeking a new trial has expired and any appeals have been exhausted, a final judgment may not be directly attacked and set aside on the ground that evidence has been suppressed, concealed, or falsified; . . . such fraud is „intrinsic‟ rather than „extrinsic.‟ [Citations.] Similarly, under the doctrines of res judicata and collateral estoppel, a judgment may not be collaterally attacked on the ground that evidence was falsified or destroyed. [Citations.]” (Ibid., italics added.) The claim that the judgment was based on forged documents or perjured testimony does not obviate the force of this policy favoring finality of judgments. As explained in Pico v. Cohn (1891) 91 Cal. 129, upon which the Supreme Court relied, “„[W]e think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony. The reason of this rule is, that there must be an end of litigation; and when parties have once submitted a matter . . . for investigation and determination, and when they have exhausted every means for reviewing such determination in the same proceeding, it must be regarded as final and conclusive . . . . [¶] . . . [W]hen [the aggrieved party] has a trial, he must be prepared to meet and expose perjury then and there. . . . The trial is his opportunity for making the truth appear. If, unfortunately, he fails, being overborne by perjured testimony, and if he likewise fails to show the injustice that has been done him on motion for a new trial, and the judgment is affirmed on appeal, he is without remedy. The wrong, in such case, is of course a most grievous one, and no doubt the legislature and the courts would be glad to redress it if a rule could be devised that would remedy the evil without producing mischiefs far worse than the evil to be remedied. Endless litigation, in which nothing was ever finally determined, would be worse than occasional miscarriages of justice . . . .‟” (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11, italics added, quoting Pico v. Cohn, supra, 91 Cal. 129, 133-134; accord, United States v. Throckmorton (1878) 98 U.S. 61, 68-69.) 9 D. Intrinsic Fraud Courts traditionally have distinguished between extrinsic and intrinsic fraud, a distinction which “is of critical importance because intrinsic fraud cannot be used to overthrow a judgment, even where the party was unaware of the fraud at the time and did not have a chance to raise it at trial.” (Pour Le Bebe, Inc. v. Guess? Inc. (2003) 112 Cal.App.4th 810, 828.) As we have discussed, the introduction of perjured testimony is a classic example of intrinsic fraud. (See also Kachig v. Boothe (1971) 22 Cal.App.3d 626, 634, cited with approval in Pour Le Bebe, Inc. v. Guess? Inc., supra, 112 Cal.App.4th at p. 828.) Plaintiffs argue these principles do not apply because their second amended complaint does not seek to invalidate the denial of the mandate petition and does not seek their reinstatement. They characterize the two actions: “The prior action litigated whether [plaintiffs] were entitled to equitable relief because inter alia the City of Los Angeles brought charges against them beyond the one year statute of limitations. The present action seeks statutory penalties and damages for a different and distinct violation of Government Code § 3309.5 by an employee of the City of Los Angeles.” They rely on Corral v. State Farm Mutual Auto. Ins. Co. (1979) 92 Cal.App.3d 1004 (Corral). Corral arose out of an uninsured motorist arbitration between an insured and her insurer. The insurer refused to stipulate that the third party involved in the accident with the insured was uninsured. The arbitration was continued to allow the insured to obtain evidence that the third party was uninsured or to obtain a stipulation to that effect. When neither was obtained, counsel for the insured submitted on the evidence produced at the hearing. The arbitrator found for the insurer. Six weeks later the insured sought to reopen the arbitration based on a new declaration from the third party stating that he was uninsured. The request was denied on the ground the arbitrator lacked authority to grant the relief requested. (Corral, supra, 92 Cal.App.3d at pp. 1007-1008.) The insured‟s motion in the superior court to vacate the arbitration award was denied as untimely, a ruling that was affirmed by the Court of Appeal. (Id. at p. 1008.) 10 The insured then filed a separate action against the insurer for breach of the duty of good faith and fair dealing. In it, she alleged that at all times the insurer knew that the third party was uninsured, and fraudulently contended at the arbitration hearing that he was insured. In opposition to the defense motion for summary judgment, counsel for the insured submitted his declaration in which he stated that a claims manager for the insured had told him before the arbitration that the insurer would treat the claim as an uninsured motorist case. The attorney declared that, in reliance on these assurances, he made no effort to obtain evidence of the third party‟s lack of insurance coverage. (Corral, supra, 92 Cal.App.3d at pp. 1008-1009.) The Corral court rejected the insurer‟s argument that the bad faith action was barred by either res judicata or the policies underlying finality of judgments. (Corral, supra, 92 Cal.App.3d at p. 1009.) Instead, it held that each proceeding was based on a different claim of right: the arbitration proceeding was brought to recover benefits under the uninsured motorist provision of the insurance contract; the bad faith cause of action was not based on facts surrounding the automobile collision or the terms of the insurance policy, but on bad faith (refusal to acknowledge that the third party motorist was uninsured) committed after the collision. The court concluded that the bad faith claim constituted a different cause of action, and so was not barred by collateral estoppel. (Id. at pp. 1011-1012.) It held that the bad faith action was “not a collateral attack upon the arbitrator‟s award as it is not directed toward directly preventing the enforcement of that award or defeating rights acquired under it.” (Id. at p. 1013.) The court in Corral acknowledged a then recent case that reached a different result, but disagreed with its holding. The case was Rios v. Allstate Ins. Co. (1977) 68 Cal.App.3d 811, which held that the doctrine of finality of judgments barred a separate action for bad faith alleging that in an arbitration between insurer and insured, the insurer had presented false evidence and testimony. (Corral, supra, 92 Cal.App.3d at pp. 1012-1014.) But Rios (and several other decisions) were cited with approval by our Supreme Court in Cedars-Sinai, supra, 18 Cal.4th at page 10. Of course, the Corral court did not 11 have the benefit of the Supreme Court‟s reasoning in Cedars-Sinai, which was decided some 19 years later. Plaintiffs do not cite or discuss Rios, but argue that Corral should apply because in that case, as in this one, the facts giving rise to the second action occurred during the first proceeding. They contend: “As demonstrated in Corral, it is the extraordinary obligations of the defendant that allows the second action to proceed. In that case, it was the insurance company‟s obligation of good faith and fair dealing. . . . Similarly, in the present case the City of Los Angeles cannot get away with its conduct at the hearing on the writ where it presented the perjurous [sic] declaration because it had an independent obligation not to violate [plaintiffs‟] rights under Government Code, § 3309.5.” Here, to prevail in their action for damages, plaintiffs had to prove a violation of POBRA based upon defendant‟s reliance on a perjured declaration to show that the tolling of the time to file disciplinary actions lasted long enough to render their discharges timely. This goes to the heart of the trial court‟s finding in the mandate proceeding. To the extent that Corral stands for the proposition that the finality of judgments doctrine does not apply to a separate bad faith action arising from the presentation of false or perjured testimony in an earlier proceeding, we disagree, and instead follow Cedars-Sinai, supra, 18 Cal.4th 1 and Rios, supra, 68 Cal.App.3d at pp. 818-819. Plaintiffs also rely on Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331 (Miller). In that case, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. 12 (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm‟s entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.) The case before us is quite different. The court ruled on the tolling issue in the mandate proceeding. Indeed it was the central question in the case. “„Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.)‟ (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82.)” (Plumley v. Mockett (2008) 164 Cal.App.4th 1031, 1048-1049.) That describes the present case. Because the tolling issue was actually litigated in the mandate proceeding, a new claim based on the allegedly perjured declaration is a collateral attack on the mandate decision. Perjured testimony cannot be the basis for a separate proceeding. (Cedars-Sinai, supra, 18 Cal.4th at pp. 10-11.) In light of our conclusion, we need not and do not address City‟s other arguments. DISPOSITION The judgment is affirmed. City is to have its costs on appeal. CERTIFIED FOR PUBLICATION. EPSTEIN, P. J. We concur: WILLHITE, J. MANELLA, J. 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Debunking five personal bankruptcy myths for Illinois readers

1. Anyone who files for personal bankruptcy has acted irresponsible with their finances. A number of life events can contribute to a family’s financial woes, as many Illinois residents can attest. Losing your job, getting a divorce, suffering from a disabling accident or medical condition that results in crippling medical debt, are just a few examples of what lead many to consider filing for bankruptcy.
Source: illinoislawyerbankruptcyblog.com

Should You Make The Step To Personal Bankruptcy?

Before filing for bankruptcy under Chapter 7, make sure that you consider the implications this will have on any of your co-debtor, who are usually family members, close friends or business associates. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, anyone sharing the loan with you may be forced to pay back the entire amount for the amount in full, which spell financial disaster for them.
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HBC Services Finance Info

Chapter 12 bankruptcy is used by those who live on agricultural homesteads. If you declare Chapter 12 bankruptcy and the home in foreclosure is part of the farm, you can protect it from foreclosure while entering a repayment agreement with your creditors. However, if the home is on a separate parcel than the farm or the house is located in town while the farm is part of a separate property nearby, filing Chapter 12 bankruptcy to save the farm does not stop foreclosure of a separate, personal residence.
Source: hbcservices.org

I am in chapter 13 can i get a personal loan

The cost for bankruptcy varies by jurisdiction so I cant answer that for you. For a chapter 13 most attorneys will require a partial payment up front and the rest to be paid through the plan though some require full payment. For a chapter 7 payment is always up front. A lawyer cant guarantee your bankruptcy will receive a discharge. Especially not in a chapter 13 where a myriad of things can go wrong. If you ever get to the point you cant make payments your Chapter 13 can be dismissed though if you are proactive and your circumstances have changed you should be able to successfully convert to a chapter 7 so no the attorney will not and cannot guarantee results.
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Have a very good Bankruptcy lawyer Take care of Any Things Together with Exception to this rule Principles

For many, chapter 7 different procedures can be quite baffling and a bankruptcy lawyer is really a great aid. When the person in debt has relocated out of state earlier than bankruptcy, the Phoenix bankruptcy attorney might have to delay all the declaring and maybe need to take typically the a bankruptcy proceeding exceptions out of the claim that these people carried right from. The rule of thumb inside of a chapter record is definitely the person in debt really should live in california for two people years and years to make usage of which often state’s difference legislation. The chapter 7 bankruptcy trial is knowing and also witnesses that consumers advance so the person in debt may need to stay in your state they can be declaring bankruptcy for your largest part of One hundred and eighty nights as well as effectively one year. In case the chapter exceptions from a assert you should not move a person’s vessel you are able to utilize united states individual bankruptcy difference legislation.
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One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
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