Sean Sullivan Hanley’s Guides

Sean Sullivan Hanley

San Jose Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Bankruptcy: Frequently Asked Questions (FAQ)

    Written by attorney Sean Hanley, almost 3 years ago. STAFF PICK

    This FAQ is intended to answer some very basic commonly asked bankruptcy questions. The FAQ covers Chapter 7, Chapter 11, and Chapter 13 Bankruptcy.

    3 people found this Legal Guide helpful

  2. Statute of Limitations on Debt Collection

    Written by attorney Sean Hanley, almost 3 years ago.

    Recent case law has held that aside from the debtor's right to file forBankruptcyand the protections afforded to debtors under FDCPA, the reach of creditors seeking to recover a debt extends for a limited prescribed time frame. This time frame is set by a state's statute of limi...

    1 person found this Legal Guide helpful

  3. "FORGIVENESS OF DEBT" TAX EXCEPTIONS: BANKRUPTCY, INSOLVENCY, PRINCIPAL RESIDENCE

    Written by attorney Sean Hanley, almost 3 years ago.

    The IRS taxes individuals on "relieved" or "forgiven" debts. Forgiven debts are debts in which the creditor agrees to take nothing or less than the full balance owed, or debts that the creditor has written off ("charged off"), declared as uncollectible, and reported as a tax los...

    1 person found this Legal Guide helpful

  4. SHORT SALE (SENATE BILL 458): LAW AGAINST SHORT SALE DEFICIENCIES EXPANDED

    Written by attorney Sean Hanley, almost 3 years ago.

    Senate Bill 931 First Trust Deed Lender Prohibited from Deficiency against Short Sale Borrower Senate Bill 931 (effective January 1, 2011) provides that a sellers first trust deed lender cannot obtain a deficiency judgment against a seller after a short sale. Providing written ...

    1 person found this Legal Guide helpful

  5. Pitfalls and Options for Investors of Foreclosed Property

    Written by attorney Sean Hanley, almost 3 years ago.

    Some American real property investors have found that one way to profit in the real estate market that is currently in a historically unprecedented downturn with no end in sight is to purchase relatively cheap foreclosed property and quickly re-sell it for a profit. While some re...

    1 person found this Legal Guide helpful

  6. MORTGAGE WORKOUT CRISIS - Issues and Impact

    Written by attorney Sean Hanley, almost 3 years ago.

    Are you behind on mortgage payments and want to save your home, but you're not sure how? Many people are turning toBankruptcyto save their homes. Many more are losing their homes because they are afraid of the implications of filing for bankruptcy, or simply are unaware of the ot...

    1 person found this Legal Guide helpful

  7. BANKRUPTCY: Case Example - "Residency" Requirements Impact Outcome of Debtor's Case

    Written by attorney Sean Hanley, almost 3 years ago.

    Case Example - Outcome and benefits received by bankruptcy debtor differ depending on what state the debtor files bankruptcy in and whether debtor has option to use federal exemption system: Benny Bankruptcy lives in Providence, Rhode Island, from July 1, 2006 to January 1, 2008...

    1 person found this Legal Guide helpful

  8. BANKRUPTCY: New "Residency" Requirements

    Written by attorney Sean Hanley, almost 3 years ago.

    Some prospectiveBankruptcydebtors moved locals in response to theBankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCA), which codified several new substantive and procedural rules that makes it more difficult for some would-be debtors to file for Chapter 7 Bank...

    1 person found this Legal Guide helpful

  9. BANKRUPTCY - PROTECTING THE HOME

    Written by attorney Sean Hanley, almost 3 years ago.

    Millions of Americans are turning toBankruptcyto save their homes fromForeclosure. There are a multitude of reasons why people are facing foreclosure - some people bought homes with ARM (Adjustable Rate Mortgages) that, when entered into, seemed financially feasible, yet became ...

    1 person found this Legal Guide helpful

  10. Legal and Practical Issues Involved with Inheriting Real Property

    Written by attorney Sean Hanley, almost 3 years ago.

    You've inherited property,now what? Most people think that inheriting property is an easy process, providing the beneficiary a lottery-like reward with little to no detriment. The truth is being named as a beneficiary is not that simple and while the reward is obvious, there ar...

    1 person found this Legal Guide helpful