Magazine Archive

  • Events
  • September 2023
Comedy Night 2023 - Res Ipsa Jokuitor

Kickoff for Food From the Bar 2023 Thursday, Sept. 21 Doors open at 6 pm, Show starts at 8 pm Back Forty Texas BBQ 100 Coggins Drive, Pleasant Hill Tickets: $100 each $1,000 for table of ten BBQ Buffet: 6:30 – 7:30 pm Bring a can of protein (tuna, peanut butter, chicken) to enter for...

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  • Question Man
  • September 2023
Coffee Talk - The Debt Issue September 2023

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  • September 2023
Watching the Pendulum Swing between Debtors’ and Creditors’ Rights

Debt. As a bankruptcy and financial planning attorney, I spend all of my days thinking about debt. Can a debtor client discharge their student loan? Will the creditor who just hired me get paid? Which way has the pendulum swung this year in its ever-shifting pattern back and forth between creditor’s rights and debtor’s rights?...

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  • Debt and Bankruptcy
  • September 2023
Getting to “Maybe?” Student Loan Bankruptcy Discharge Under the Department of Education’s New Guidelines

“Sorry, bankruptcy can’t discharge student loans.” Have you said that before? Although legally wrong, that answer was practically correct in most cases. Bankruptcy student loan discharge involves the plaintiff paying a lawyer to prosecute a federal lawsuit proving the plaintiff lacks the money to repay student loans. On the defense side, the student loan creditors...

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  • Debt and Bankruptcy
  • September 2023
Pursuing COVID-19 Rental Debt in Small Claims Court Is it Worth it?

During the coronavirus pandemic, landlords found themselves unable to evict tenants for non-payment of rent because of statewide and local emergency ordinances that prohibited all evictions. During this early period in the pandemic, landlords considered other ways to collect unpaid rental debt, such as filing a small claims or regular civil action against their tenant....

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  • Debt and Bankruptcy
  • September 2023
“I Am an Attorney and a Debt Collector and Any Information Obtained Will be Used for That Purpose”

Previously, when demanding money from consumers and proceeding with litigation, I only needed to admonish a consumer when I corresponded with them, verbally or in writing, giving them the warning that is the title of this article. Both California and Federal Fair Debt Collection Practices Acts (“FDCPA”) governed my actions. Then, Governor Newsom contended that...

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