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Federal Court Determines Bankruptcy Unavailable for Marijuana Businesses

By Rounds & Sutter LLP |

The slow but steady legalization of medical and recreational marijuana in states like California has created a host of complications in the interactions between federal and state law. Despite California, Colorado, and other states fully decriminalizing marijuana, marijuana remains a Schedule I controlled substance under federal law, illegal even for medicinal usage. Federally-insured banks, for… Read More »

Creditor is involved in bankruptcy case

Failure to List a Creditor on Bankruptcy – What Will Happen?

By Rounds & Sutter LLP |

Filing for bankruptcy is a complicated process and requires precision in filing. It is extremely important to list all known debts on the appropriate schedules accompanying your Chapter 7 or Chapter 13 filing. Your creditors have a legal right to know about the proceeding and to participate or object with regards to their claim. Your… Read More »

Federal student loan form on a table surrounded by office supplies

15,000 Student Loans to be Discharged Under Delayed Obama-Era Rule

By Rounds & Sutter LLP |

Around 15,000 former students received a wonderful holiday gift this season, as their extant student loans were discharged under a newly-implemented regulation from the Department of Education. The rule applies to certain students whose schools closed while they were in attendance, allowing them to cancel loans automatically without having to resort to debt settlement, bankruptcy,… Read More »

Businessman is adding up all debt on balance sheets while holding stack of coins

Unfair Debt Collection Practices – What is Overbiffing?

By Rounds & Sutter LLP |

Are you familiar with “overbiffing?” It’s a type of unfair debt collection practice in the news recently, and for good reason—debtors are being taken advantage of and should be on notice. In a recent case, regulators from the Federal Trade Commission (FTC) allege debt collectors may have tricked thousands of people into paying far more… Read More »

Multiple military jackets hanging on clothes rack

California Strengthens Debt and Credit Protections for Military Service Members

By Rounds & Sutter LLP |

California lawmakers recently enacted a law that expands protections for servicemembers facing debt and credit issues. The new provisions go into effect next year. Continue reading for details about the changes in the new law, and contact knowledgeable Southern California fair debt collection attorney for help. California enacts additional debt protections for military service members… Read More »

Student loan debt concept - Woman with heavy box debt carrying it up education ladder

U.S. Department of Education Seeks to Define “Undue Hardship” Regarding the Discharge of Student Loan Debt in Bankruptcy

By Rounds & Sutter LLP |

Currently, the U.S. Bankruptcy Code provides that student loans can only be discharged in bankruptcy if excepting the debt from discharge would impose an “undue hardship” on the borrower and the borrower’s dependents. But the Code doesn’t offer a definition or test for determining undue hardship. It’s left to bankruptcy courts to decide undue hardship… Read More »

Senior Couple Concerned About Debt Going Through Bills Together

More Older Americans Filing for Bankruptcy to Deal with Debt

By Rounds & Sutter LLP |

A new study by the Consumer Bankruptcy Project says there’s been a fivefold increase in the number of older Americans filing for bankruptcy in recent years, with job loss, wage decreases, overwhelming health care costs, and reductions in safety net programs all contributing to the escalation. Seniors have reported going without food, prescriptions, and other… Read More »

Legal ruling on property fees concept - gavel on house

Federal Appeals Court Holds Property Fees That Become Due After Bankruptcy Proceedings Begin Are Dischargeable

By Rounds & Sutter LLP |

A recent ruling from the Ninth Circuit Court of Appeals, the federal appeals court that governs California law, could reduce the obligations of debtors who owe fees on current property that become due after bankruptcy proceedings have begun. Read on to learn about the case and contact a skilled California bankruptcy attorney with any questions… Read More »

Woman bill collector holding up overdue bills envelope

Ninth Circuit Reaffirms Importance of Right to Cure in California’s Rosenthal Law

By Rounds & Sutter LLP |

A recent opinion issued by the Ninth Circuit Court of Appeals reaffirms an important defense that may be claimed by debt collectors who are alleged to have violated the FDCPA. See below for more about the decision towards bill collector mistakes, and contact a knowledgeable Southern California fair debt collection attorney with any questions about… Read More »

Coins flowing out of jar and bad news headlines relating to debt and bankruptcy

Supreme Court to Decide whether a Debtor Who Lied to Obtain Credit can Discharge that Debt in Bankruptcy

By Rounds & Sutter LLP |

A case currently before the Supreme Court may have a serious effect on Americans deep in debt and on how lenders, particularly small business lenders, give out loans. In Lamar, Archer & Cofrin, LLP v. Appling, the Supreme Court is set to answer whether someone who lied about an asset to obtain credit can discharge… Read More »