Some IRS tax claims CAN be discharged in Chapter 7 Bankruptcy

The government has a public policy interest in enforcing bankruptcy law which is designed to allow debtors “a fresh start” by discharging qualified debt and allowing them to become financially viable members in society. A conflicting government interest is the collection of taxes. Tax dollars are the primary revenue source for government and clearly it is extremely motivated to ensure collection.

Free Speech

The Ninth Circuit Court of Appeals has again attempted to clarify the boundaries of “free speech” in Anderson v. Hermosa Beach, 08-56914, the most recent ruling in long string of federal free speech jurisprudence. The law at issue was a Hermosa Beach City Ordinance banning the operation of tattoo parlors within city limits. The constitutionality [...]

PIP

You might have heard someone refer to Oregon, or another US state, as a “no-fault” accident state. What does that mean? No fault coverage comes into play when making a car accident claim on your auto insurance policy. Oregon law mandates personal injury protection benefits, commonly referred to as PIP benefits, in all policies. PIP [...]

California Driving Under the Influence (DUI/DWI)

An arrest for DUI can turn an accused drunk driver’s life upside down and push his or her sanity to the limit. The accused motorist is required to suddenly learn the California criminal court system while acting quickly to protect his or her driver’s license. Upon an arrest for a DUI in California, two separate legal cases are immediately [...]

California Premarital / Prenuptial Agreements

In California the law permits parties in contemplation of marriage to enter into written contracts, known as premarital agreements or prenuptial agreements, with regard to the division of property, and the establishment or waiver of spousal support upon the dissolution of their marriage (Divorce). Premarital or prenuptial agreements are controlled by the California Premarital Agreement [...]

Child Support, Spousal Support and Bankruptcy

A common inquiry among parents and former spouses with child or spousal support obligations is whether their delinquent support payments can be discharged under Chapter 7 bankruptcy. A simple answer to their question is, “No, support payments are generally not dischargeable in bankruptcy.” The basic purpose of a Chapter 7 bankruptcy is to free you from the burden of [...]