Westlake Village Legal Blog

Technically, there are no restrictions on the number of times a person can file for bankruptcy. However, after a discharge in a Chapter 7 or Chapter 13 case, the bankruptcy petitioner may have to wait for a period of time before he or she can file for bankruptcy again. The time periods that apply to California filers vary based on the types of bankruptcy involved.

A person who wants to file a second Chapter 7 bankruptcy after their first Chapter 7 was successfully discharged, for example, is required to wait until eight years have passed from the date of the original filing. If the first bankruptcy was Chapter 13, the person has to wait six years following the discharge of the Chapter 13 case before filing for Chapter 7. In some situations, it may be possible to file earlier, but only if the petitioner has paid off at least 70 percent of the requirements of their Chapter 13 plan.

There are a number of different ways that divorcing parents in California can help provide some stability for their children. For starters, they should avoid having their children change schools when so many other elements of their lives are in flux. They can also try to keep routines, expectations and discipline the same in both households. In addition, parents should help their children keep relationships with relatives on both sides of the family.

To minimize upheaval for their children, some parents are going a step further with a custody arrangement known as "nesting" or "birdnesting." With nesting, children stay in the family home while the parents rotate in and out from it and another residence, usually a shared apartment nearby. While most experts say birdnesting can work in limited circumstances, they generally recommend that the arrangement last no longer than three to six months.

Spouses in California thinking about divorce may find themselves preoccupied with the financial consequences of their decision to end their marriage. Even after the emotional and practical issues associated with a split have been handled, the money aspects of divorce can linger for some time to come. However, by keeping some key guidelines in mind, people can help to protect their assets and continue to prepare to achieve their financial goals even as they proceed with a divorce.

Many people feel tempted to spend in the immediate aftermath of the end of a marriage. People need a new place to live and they may look for clothes, goods or even cars that fit their new, single life. However, the immediate post-divorce period can often be a fiscal adjustment, especially for people who were used to being part of a dual-income household. In the period right after divorce, it can be important to focus on making frugal and responsible choices and opt for small indulgences rather than major purchases. As time goes on, people will get a better feel for how items will fit into their budgets.

Debt collectors in California and around the country have been known to take legal action against consumers over debts that were taken out by identity thieves or other malicious individuals. These lawsuits are generally dismissed with prejudice once the true provenance of the debt has been established, but that does little for consumers who have had to spend significant amounts of time and money defending themselves.

Efforts to hold debt collectors accountable under the provisions of the Fair Debt Collection Practices Act have not fared well in these situations because the courts have been reluctant to classify an individual who did actually not take out the loan in question as a consumer, but the legal landscape changed on Oct. 18 when a panel of federal appeals judges took a different position. The 1977 law defines a consumer as an individual who is obligated or purportedly obligated to pay a debt. This has stymied FDCPA lawsuits against debt collectors because the consumers behind such litigation do not actually owe or allege they owe any money to the defendants.