By Ryan C. Wood The short answer is because corporate profits and corporations in general are favored over protecting the individual from harm these days. Below is only one court decision in the long dismantlement of individual rights in favor of corporate rights. Every state, well, every state used to have usury laws. Have you [...]
California Bankruptcy Laws
Bankruptcy in California: What You Need To Know
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California Has Its Own Bankruptcy Laws Since bankruptcy law is federal, many of the same principles apply in bankruptcy cases regardless of where the case is filed. For example, whether you’re filing in California or Texas, a bankruptcy estate is created when bankruptcy protection is sought. For the time that you’re in the bankruptcy system, [...]
Get It Back! Fixing a Fraudulent Transfer Before Bankruptcy in the 9th Circuit
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Jon Brooks is a Bay Area bankruptcy lawyer. As I recently wrote on the Bay Area Bankruptcy Lawyer Blog, perfectly honest consumer debtors sometimes make the mistake of transferring an asset to a friend or family member before filing bankruptcy. This can happen innocently enough, as for example, where a debtor gives an old car [...]
Wage Garnishment Must Stop After a Bankruptcy Case is Filed; You Might Even be Able to Get Money Back
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Bankruptcy Stops Wage Garnishment The minute a bankruptcy cases filed,an injunction called the automatic stay is issued, which prohibits creditors from trying to collect on debts that were included in the bankruptcy. The Ninth Circuit Court of Appeals has called the automatic stay “one of the most important protections in bankruptcy law.” The automatic stay is [...]
The Complicated California Foreclosure Process Explained
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California foreclosure laws are among the nation’s most complex but are also fairly consumer friendly. In this post, we will attempt to provide good answers to the most common questions California residents have about the foreclosure process, both before and after a sale. A Brief Introduction to Mortgages In order to fully grasp the information [...]
California – Deed of Trust Assigned…. but Where’s the Note?
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California Law Does Not Allow for a Missing Note Defense to Foreclosure Dear Readers: So many times clients will asking me about the “Missing Note” Defense to a foreclosure. If you are in CALIFORNIA, as of the time of this writing, there is NO MISSING NOTE defense available. The foreclosure process is regulated by Civil [...]
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