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Mohammed Omar Badwan

Mohammed Badwan’s Legal Guides

20 total


  • Can I File a Chapter 13 to Strip Secondary Mortgage Right After A Chapter 7?

    A Chapter 7 discharge does not strip liens secured againtst a property. So when a Chapter 7 debtor has 2 mortgages on his property and files a Chapter 7, both mortgages still exist on the property after the Chapter 7 discharge. However, a successful Chapter 13 can strip a lien if...

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  • Can I Buy A House During a Chapter 13 Bankruptcy?

    Most debtors will be in a Chapter 13 bankruptcy for 3-5 years depending on their income when they filed the case. A question many clients ask is whether they are able to buy a home during a Chapter 13 bankruptcy. The answer is yes. Although bankruptcy does negatively affect your ...

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  • What To Look For When Hiring A Bankruptcy Attorney

    Professional Intimacy/Personal Attention After deciding to file for bankruptcy, the only obstacle in your road to financial freedom is the successful filing and completion of your case. That is why

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  • Association Fees When Surrendering A Property In Bankruptcy

    Many clients want to know if they have to continue paying their association fees if they plan on surrendering their property in bankruptcy. The typical situation is that the debtor no longer lives in the property and foreclosure has been filed but is still pending or about to com...

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  • Supreme Court Makes Means Test Harder To Pass

    Qualifying for a Chapter 7 bankruptcy became more difficult after 2005 amendments to the Bankruptcy Code created the Means Test. The Means Test gives debtors a set amount of deductions that can be subtracted from a debtor's income. The Means Test only applies to debtors who mak...

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  • Filing Bankruptcy If You Reside outside of the United States

    I ran into an interesting fact pattern last week. The debtor has a property in Chicago that he would like to surrender in a Chapter 7. However, the debtor does not currently live in the United States but may be returning in the near future. The client's goal is to return without ...

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  • Bankruptcy Discrimination

    Many clients I meet are reluctant to file bankruptcy even though it is in their best interest to do so. One of the most common concerns is fear of losing their job or having a hard time finding a new job because of their bankruptcy filing. The clients are relieived when I notify ...

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  • Strategic Chapter 7 for Debtors in Foreclosure

    One of the most common questions I receive from unfortunate debtors in foreclosure is "when is the best time to file bankruptcy?" I believe the best time to file is during the foreclosure process for a couple of reasons. The most important reason is if you file a Chapter 7 during...

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  • Converting Non-Exempt Assets to Exempt Assets Pre-Bankruptcy

    Any competent attorney should aid their clients in exempting as much property as possible before filing bankruptcy. The more property that is exempted, the more property the honest but unfortunate debtor gets to retain. However, one must be very careful of not committing bankrupt...

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  • Surrendering a Property in a Chapter 13

    Surrendering properties in a Chapter 13 has been a hot topic ever since the housing bubble burst a couple of years ago. The scenario is usually as follows: debtor would like to get rid of an investment property that is no longer a good investment. The investment property has 2 mo...

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