Articles from The Law Office of David H. Fuller

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Big Changes For This Bankruptcy Lawyer

Submitted by Anonymous (not verified) on Wed, 05/07/2014 - 21:05

I’ve been a Seattle bankruptcy lawyer for almost six years now, and it’s time for a change.   It won’t be a little change, it’s going to be a big change.  How big?  Well my wife and I are moving to Louisville, KY.  It’s where she’s from.  When we get to Louisville, I won’t practice law.   The law practice will be 95% closed by June 1 and 100% closed by July 20.
Why am I going to stop practicing law, considering that I did three years of law school, clerked for a federal judge, and ran my own practice?  The short answer is that all lawyer jokes are true.

The 4th Amendment and Bankruptcy

Submitted by Anonymous (not verified) on Fri, 06/21/2013 - 17:48

Can a bankruptcy trustee search my house?  I don’t get that question every day, but it comes up.  The answer is yes, but it almost never happens.  The follow-up question, “do they need a search warrant?”  The answer is usually no.  Most people assume that you have to have a search warrant to search someone’s home.  However, the Fourth Amendment warrant requirement is much less stringent than most people assume.

Surcharging Exemptions

Submitted by Anonymous (not verified) on Thu, 06/20/2013 - 17:22

The bankruptcy court has the power to surcharge a debtor’s exemptions.  What does this mean?  When an exemption is surcharged, the court takes the exemption away from the debtor; because the debtor committed a wrongful act that caused waste to the bankruptcy estate.  This is a controversial practice because there is nothing in the Bankruptcy Code that explicitly permits the court to do this.  Instead, the court relies on its equitable powers under 11 U.S.C. § 105.  Basically, 11 U.S.C.

Student Loan Discharge 2013 Updates

Submitted by Anonymous (not verified) on Wed, 06/19/2013 - 18:02

Student loans continue to be a heavy burden on many people.  Student loan payments are often as much as mortgage payments and can severely limit your ability to have any kind of financial future.  Unfortunately many people just assume that they cannot discharge their student loans in bankruptcy.  While it is true that it is difficult to discharge student loans in bankruptcy, it is not impossible.  Some recent decisions from courts in the Ninth Circuit give us some indication how to discharge student loans in bankruptcy.

Sales Commissions In Bankruptcy

Submitted by Anonymous (not verified) on Wed, 06/05/2013 - 04:02

Many of my bankruptcy clients are in sales and are paid on commission.  When you file bankruptcy it is important to understand how the bankruptcy code treats commission payments and how you can protect your commissions.  The important thing to understand is that if you work with a good Seattle bankruptcy attorney you can protect your future commissions.  You should not let the fear of losing your future commissions prevent you from filing bankruptcy.

OT: Original WWII Illustrations

Submitted by Anonymous (not verified) on Wed, 05/29/2013 - 19:54

This isn’t my usual bankruptcy fare, but it’s worth sharing and a lot more interesting.  A friend of mine from college has shared some amazing drawings that his grandfather did during World War Two.
You can see the illustrations on Buzzfeed and a few are linked below.

 

Bankruptcy After Divorce

Submitted by Anonymous (not verified) on Wed, 05/22/2013 - 18:17

Divorce is one of the leading causes of bankruptcy.  The question is always whether it is better to file bankruptcy before a divorce or after a divorce.  There is no right answer, because it depends on your individual situation.  I have previously written about the benefits of bankruptcy before divorce.  However it might not be possible for you to file bankruptcy before your divorce or you might not need bankruptcy until after your divorce.  Additionally, there may be issues of legal strategy where it ma

Cancer and Bankruptcy – Or How Debt Kicks You When You’re Down

Submitted by Anonymous (not verified) on Tue, 05/21/2013 - 16:59

A study from the Fred Hutchinson Cancer Research Center in Seattle found that cancer patients are 2.5 times more likely to file bankruptcy than people without cancer.  The study was published in the journal Health Affairs.  The risk is even higher for younger cancer patients.  This confirms what bankruptcy lawyers have known for a long time: many people don’t slide into bankruptcy, they are catapulted into bankruptcy or – put another way – debt has a way of kicking you when you are down.

Bankruptcy and Tax Resolution: What You Don’t Know Can Hurt You

Submitted by Anonymous (not verified) on Thu, 05/16/2013 - 03:57

I’ve been practicing bankruptcy law for a while now, and I’ve been surprised at how many very good bankruptcy lawyers either give bad tax advice or incomplete tax advice.  I’m also surprised at how many of these good lawyers send clients out the door, because the client has a tax issue that can’t be solved in bankruptcy.

Bankruptcy Before Divorce

Submitted by Anonymous (not verified) on Sat, 05/11/2013 - 21:08

The ending of a marriage requires you to address all of the debts that you acquired during your marriage.  Even if you were able to handle your debts during the marriage, you might not be able to handle them after a divorce.  This is because of economies of scale; basically, it’s cheaper for two people to live together than it is for them to live separately.  This means that financial planning must be part of your divorce planning.

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