Author: Attorney Rick Morin
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AB 150 Update — ADA Reform Going Nowhere
I have been watching Assembly Bill 150 since Assembly Member Assembly Member Devon Mathis introduced the bill. AB 150 would provide some badly needed reform to California’s ADA laws. Unfortunately, AB 150 did not make it very far. A brief history is in order: Assembly Member Assembly Member Mathis introduced AB 150 January 10, 2017. The bill…
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Credit Scores and Bankruptcy
Credit scores are important. Your credit score impacts your ability to pay for large purchases over time. Lenders will use poor credit scores to deny loan and credit card applications. Bad credit will cost you money too. Lenders generally charge higher interest rates depending on credit score. Some service providers may even require you to pay a security deposit based…
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When Does the Automatic Stay End?
The automatic stay is one of the most important provisions of the Bankruptcy Code. The stay halts all collection activity against a bankruptcy filer. But when does the stay end? The Automatic Stay Protects Debtors The automatic stay is codified in 11 U.S.C. § 362. With certain exceptions, the stay prohibits parties from taking collection activity against…
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AB 150: Another ADA Reform Bill in California
Real ADA lawsuit abuse reform has eluded California business owners for years. Will 2017 be any different? Updated May 7, 2017: AB 150 didn’t even make it out of its first policy committee. Click here for an update. Assembly Bill 150 to the Rescue? On January 10, 2017, Assembly Member Devon Mathis introduced Assembly Bill 150. The…
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If Student Loans Were Hard to Manage Before, They’re About to Get a Lot Worse
New data released on March 14 by the US Department of Education showed that in 2016, 1.1 million Federal Direct Student Loan borrowers defaulted. The data also shows that a total of $137.4 billion in student loan balances were in default. Student Loan Collection Fees Until a couple years ago, collectors of defaulted loans were permitted…
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Sundquist v. Bank of America $46 Million Fine
What happens when a mortgage lender violates the Automatic Stay in the Eastern District of California? Just ask Bank of America. In a recent ruling, Judge Christopher Klein awarded over $46 million in damages against the bank. The Automatic Stay The automatic stay is one of the cornerstones of bankruptcy law. The automatic stay protects bankruptcy…
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How Many Times May a Creditor Levy Your Bank Account?
A bank levy is when a creditor takes money directly from your bank account. How many times can a bank levy occur? The answer will very likely surprise you. Bank Levies Only Happen After a Judgement A creditor can only take money directly from your bank account if you give the creditor permission or they go through…
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Bankruptcy Motion to Compel Abandonment
Own a business? Filing a Chapter 7 bankruptcy? You may need to file a Motion to Compel Abandonment. This will let you keep operating your business while you are in bankruptcy. The Trouble with Businesses and Chapter 7 Bankruptcy When a person declares Chapter 7 bankruptcy, everything they own is temporarily “owned” by the bankruptcy…
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Sacramento Bankruptcy Help Desk
Did you know that there is a special place in Sacramento where you can get free bankruptcy assistance? The Bankruptcy Help Desk is available to unrepresented debtors and creditors with bankruptcy questions. Where is the Bankruptcy Help Desk? You can find the bankruptcy help desk at the United States Bankruptcy Court in Sacramento. The address…
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Bankruptcy Without a Lawyer
Everyone in America has the right to represent themselves in court. In fact, this is true in bankruptcy. That means that you can file bankruptcy without a lawyer. Read on for more information! Chapter 7 is Possible Without a Lawyer Of the two main types of consumer bankruptcy, Chapter 7 is the easier of the two…