A Family Law Attorney - Vincent B. Garcia - Serving San Bernardino, Riverside & L.A. Counties
SE HABLA ESPAÑOL • Toll Free: 800-900-4288 • Tel: 909-481-5350 • Fax: 909-481-5355
Day and Evening Appointments - Payment Plans Available
Appointment of Examiners in Chapter 11 Cases
Special Bankruptcy Code provisions exist for the appointment of an examiner when a debtor seeks to reorganize under Chapter 11 of the Bankruptcy Code. If the bankruptcy court has not appointed a trustee, the court may, on request of a party, appoint an examiner.
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The Dischargeability of Marital Obligations in Bankruptcy
Debts determined to be property settlements are normally dischargeable in bankruptcy cases. Disputes have largely focused on the section of the Bankruptcy Code that creates an exception to the bankruptcy discharge, applicable in all debtor relief chapters of the Bankruptcy Code, for debts that are in the nature of alimony, maintenance, or support.
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Conversion from Chapter 7 to Chapter 13 ... and Vice Versa
There are two basic types of bankruptcy for an individual debtor or a consumer. The law for each type comes from "Chapters" in the federal Bankruptcy Code, which is the law that debtors and bankruptcy courts must follow.
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Discharging a debt in bankruptcy means that the debt is eliminated or wiped out. However, not all types of debts can be discharged in a bankruptcy proceeding.
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Under Bankruptcy Rules, an adversary proceeding may be filed in a debtor's bankruptcy action for certain specific reasons. Creditors may initiate adversary proceedings to determine the validity or priority of a lien, to determine the validity of a debt, to obtain an injunction, or to subordinate a claim of another creditor.
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