West Covina, CA (PRWEB) September 12, 2012
On August 31, 2012, the Los Angeles bankruptcy firm of Borowitz & Clark http://www.BLClaw.com secured a victory for debtors versus creditors in bankruptcy at the 9th Circuit Court of Appeals in the matter of Danielson v. Flores (In re Flores), Case 11-55452 (9th Cir. August, 2012).
At issue was whether certain debtors in a chapter 13 bankruptcy could make affordable payments to their creditors while keeping their home, vehicles and retirement for a period of less than five years. The 9th Circuit Court of Appeals had previously ruled in the matter of Maney v. Kagenveama (In Re Kagenveama, 541 F.3d 868. (9th Cir. 2008) that those debtors need not make payments for a period of five years. However, a 2010 United States Supreme Court ruling in the case of Hamilton v. Lanning (In Re Lanning), 130 S. Ct. 2464 (2010) called into question the 9th Circuit's ruling in Kagenveama. In fact the bankruptcy judge presiding over Cesar and Ana Flores' bankruptcy had ruled that Lanning overruled Kagenveama and that Mr. and Mrs. Flores must make payments to their creditors for five years instead of the proposed three years.
Borowitz & Clark appealed on behalf of Mr. and Mrs. Flores and the case was heard at the 9th Circuit Court of Appeals where the appeals court upheld its earlier ruling in Kagenveama, allowing the debtors to emerge from bankruptcy with a fresh start within three years.
“We do not want our clients to be shackled to the bankruptcy court any longer than they have to be,” said M. Erik Clark, a partner of Borowitz & Clark, LLP.
The case is the fourth appeal that Borowitz & Clark has been involved in during the past four years, winning all four. It was argued on behalf of the debtors by Los Angeles bankruptcy attorney Nancy Clark. She is a recent recipient of the Thomas B. Donovan Excellence Award given by the Central District Consumer Bankruptcy Attorney Association (CDCBAA), to recognize her outstanding work on behalf of consumer debtors in the Bankruptcy Courts.
Bankruptcy Case Information
United States Court of Appeals
For the Ninth Circuit
Case number 11-55452
Bk case number 6:10-29956MJ
About Borowitz & Clark, LLP
Borowitz & Clark specializes in consumer bankruptcy cases and serves clients throughout Los Angeles, San Bernardino, Riverside and Orange counties. Its bankruptcy attorneys have extensive experience and are dedicated to solving their clients’ financial situations. The firm has represented tens of thousands of clients in Chapter 7 and Chapter 13 bankruptcy cases and is generally recognized as one of Los Angeles' top consumer bankruptcy law firms.
The two partners in the firm, Barry Borowitz and M. Erik Clark, are Board Certified in Consumer Bankruptcy by the American Board of Certification. The firm has six full-service offices in Southern California including West Covina, Ontario, Palmdale, Glendale, Norwalk, and Torrance.