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Should I liquidate my 401(k) to avoid bankruptcy?Serious question with no easy answer. As a practicing bankruptcy attorney, I meet with clients all the time who have liquidated a 401(k) to stave off bankruptcy, only to file a few months later. It is probably not wise to liquidate a 401(k) to avoid bankruptcy without first sitting down with a ba... |
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Southern District of California Bankruptcy Court announces mandatory CM/ECF filings.The following email was just distributed by the Clerk of the Court for the Southern District of CA: After 11 years of voluntary electronic filing by attorneys and trustees, the Southern District of California has determined it is time to mandate the electronic filing and submission of all docume... |
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2-4-6-8! What’s not to appreciate? Restrictions to discharge under the ‘new’ bankruptcy law.One of the more punitive sanctions foisted upon debtors under the new bankruptcy law, is the restriction upon discharge in subsequently filed cases. Under the old law, a debtor was only entitled to a Ch. 7 bankruptcy discharge, once every 6 years. There were no other ‘bright line’ res... |
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Avoiding Judicial LiensIn an effort to obtain a fresh start with bankruptcy, the bankruptcy code permits a debtor to avoid certain liens on his or her assets. Liens tied to property, ie are secured, cannot be avoided because a discharge only applies to the personal liability of a debtor. However, judicial liens, that a... |
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Happy Thanksgiving!On behalf of all the contributing attorneys from National Bankruptcy Forum, we would like to wish all of our readers a happy Thanksgiving! ... |
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Will My Social Security Disability Be Shielded From Creditors?If you are receiving social security disability payments and are in a situation where bankruptcy becomes an option due to overwhelming debt such as credit cards, medical bills, etc., your social security disability benefits are safe. Creditors cannot garnish or take away your social security inco... |
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