Recovered Clients' Intercepted Income Tax Refund -- CA FTB/DMV Collection Violation

Jun 01, 2024

OUTCOME: Refund of Collection Secured for Clients

Issue: Client Income Tax Refund Intercepted due to unpaid DMV Vehicle Registration. Outcome/Solution: Collections Refunded to Clients Details: Clients receive bankruptcy protection via automatic ... stay (see 11 U.S.C. sec. 362) and chapter 7 bankruptcy discharge injunction against collections (see 11 U.S.C. sec. 523). Even state tax authority as collection arm for department of motor vehicles must adhere to bankruptcy law protection, both pre- and post-discharge.

Discharged and eliminated two judgment liens; Discharged $400,000 in debt (Chapter 7)

Oct 17, 2013

OUTCOME: Order avoiding judgment liens per 11 U.S.C. 522(f); Chapter 7 Discharge Granted

Wiped out two judgment liens. Creditors had won lawsuits against client (pre-bankruptcy). We were successful in arguing the avoidance of two judgment liens, and we successfully negotiated the voluntary ... release of an additional judgment lien with 3rd creditor outside of court. Client also received a Chapter 7 Discharge eliminating more than $400,000 in creditor claims. Win-win-win-win.

Stopped Foreclosure Sale & Saved Home - Chapter 13 Plan Confirmed (Chapter 13)

May 16, 2013

OUTCOME: Chapter 13 Plan confirmed. Saved Client's home from foreclosure.

Client inherited home but trustee of deceased's estate allowed home to go into foreclosure due to unpaid reverse mortgage. Trust litigation ensued and foreclose sale was pending. Consulted with client ... about Chapter 13 solution to save inherited home from foreclosure on eve of foreclosure auction date. Client entered into Chapter 13 case, filed Chapter 13 plan; plan confirmed. Client is now in 18th month of 36-to-60 month Chapter 13 plan and on her way to paying off secured obligation on home and successful completion of Chapter 13 case.

Recover Garnished Wages + Chapter 7 Discharge Granted (Chapter 7)

Mar 01, 2013

OUTCOME: Over $1200 in garnished wages recovered and returned to Client; recieved Chpater 7 Discharge

Client's wages were being garnished related to past landlord's lawsuit and judgment for damages and unpaid rent. Once we prepared her case and filed the Chapter 7 petition, the wage garnishment was im ... mediately stopped. Next we filed a motion to avoid the judgment (the cause for the wage garnishment) and a motion to recover the funds.

Discharge over $300,000 and Avoided Judgment Lien of $95,000 (Chapter 7)

Jun 11, 2012

OUTCOME: Discharge granted; Order Avoiding Jugment Creditor Lien

Professional client and owner of personal service corporation retained law firm to assist with judgment creditor lien on family home. We filed client's Chapter 7 bankruptcy case to eliminate $300,000 ... in unsecured debt and we also successfully argued the lien avoidance action in bankruptcy court (eliminating the $95,000 judgment lien recorded against client's home).

Adversary Case - represented corporation-creditor and won judgment (Adversary Proceeding - 11 U.S.C. 727 Fraud)

Jan 01, 2012

OUTCOME: We represented corporation and filed adversary proceeding/lawsuit for fraud against debtor. Discharge Denied: 727 Fraud

Small business client filed adversary complaint on behalf of corporate client alleging 11 USC 727 claims for fraud. Opposing party/debtor hired four separate lawyers/law firms during the course of liti ... gation (including two bankruptcy-specialty law firms in Los Angeles, CA). Corporation prevailed, denial of discharge and judgment for plaintiff (including award of attorney fees). Corporate client defeated motion to convert to Chapter 13; motion to convert to Chapter 11; and won federal bankruptcy court judgment for client, including award of attorney fees and costs.

Corporate LLC Chapter 7

N/A

OUTCOME: Case completed - All assets administered