San Diego Law Blog

Oftentimes, the use of a court-appointed receiver can be devastating for the owner of a piece of property. A common example is when a lender seeks the appointment of a receiver to oversee the business of rental property and intercepts revenue while it attempts to foreclose on the property. In this scenario, filing Chapter 11 Bankruptcy can be a viable solution for the property owner.

If a property owner chooses to file Chapter 11 Bankruptcy prior to the appointment of a receiver, the filing will trigger an automatic stay in the

As many individuals are aware, it is extremely difficult to discharge student loans debts. However, for an individual that has other reasons for filing bankruptcy, doing so can at least provide some temporary relief from student loan collections.

When you file a bankruptcy petition, the automatic stay prevents your student loan servicer or a debt collection agency trying to collect on student loans from taking any action to collect during the bankruptcy case. This applies to wage garnishments, bank levies, the sending of collection notices, and other collection measures. However, this

Unlawful detainer (eviction) cases in California are typically referred to as summary court procedures (which is another way of saying that they move much quicker than typical civil litigation cases). However, many parties do not realize that discovery is available in these types of cases. Below are some of the typical discovery tools used in unlawful detainer cases:

Interrogatories. A plaintiff may serve a defendant with written interrogatories at any time five (5) days after service of the summons on, or appearance by, the defendant, whichever occurs first. The defendant may

As a general rule of thumb, most bankruptcy attorneys will tell their clients that student loan obligations are nondischargeable in bankruptcy. While this is true in the majority of instances, it is not always the case. In certain scenarios, student loan obligations can be discharged in bankruptcy.

Pursuant to the United States Bankruptcy Code, educational loans are not dischargeable unless they would impose an undue hardship on the debtor and the debtor’s dependents. The Ninth Circuit currently has adopted a three-part test to determine whether an educational loan would impose an