New York Bankruptcy Court: Wells Fargo’s “Administrative Freezes” Violate the Automatic Stay

When I conduct an initial consultation with a client, I’m always careful when I hear that client has a bank account with Wells Fargo.  That’s because if a person files a Chapter 7 case, and if they have more than … Continue reading

NY Appellate Court: Rent Control Laws Are a “Public Benefit”

On November 20, 2014, the New York Court of Appeals decided the matter of Santiago-Monteverdi v. Pereira (In re Santiago-Monteverdi), 2014 NY Slip Op. 8051 (N.Y. Nov. 20, 2014).  Ms Santiago-Monteverdi had lived in her New York City rent-controlled apartment … Continue reading

Law v. Siegel: Debtor’s Homestead Exemption not Surchargeable for Misconduct, Holds Unanimous Supreme Court

Stephen Law filed a Chapter 7 bankruptcy case in the Central District of California, valuing his Hacienda Heights home at approximately $363,000. He listed two liens on the property; one held by Washington Mutual for approximately $147,000, and another for … Continue reading