You probably refer to the provision in the bankruptcy code that provides that in addition to property that you own as of filing the case, the...

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How long does a typical automatic stay last?

The stay lasts until the plan is confirmed, at which point the stay is replaced with a discharge (unless the company just liquidates in the Chapter...

You MUST list your home. It's an asset, even if you owe more on it than it's worth. If you stay current, you will be able to keep it (unless you...

What is Virginia Exemption for personal property in chapter 7

See this article: http://www.bankruptcylawnetwork.com/what-can-i-keep-when-i-file-bankruptcy-in-virginia/ Note that the car exemption has now...

Filing Ch 7 in MD my home is worth 276K I owe 370Kcan I file and keep my house and only pay fair market value.

First, in Chapter 7, the bankruptcy court can't modify secured debt (except for judgment liens and redemptions of certain personal property). So...

When to file Chpt7 after house is repro and should I keep bank account minimal?

These questions really can't be answered without a full consultation with an experienced bankruptcy lawyer. For example, whether to let the house...

MONTGOMERY COUNTY MARYLAND MOTION TO VACATE JUDGEMENT FILED BY DEFENDANT , CAN PLAINTIFF FILE RECORD OF LIEN ?

Once a judgment is entered, the right to record the lien exists. The fact that you moved to vacate the judgment does not affect that - it's still...

Chapter 11 , can SARE designation be argued? or does the court just determine it? We did not buy the property for real estate.

If there is a dispute, you have a right to be heard and to argue that it is not a SARE(single asset real estate) case. The purpose of the...

Can a Ch.11 petition be amended to add Debtor's to increase the Creditors who can vote on a plan?

No. While the guarantor should have been scheduled because it is a contingent creditor, it is also an insider. The votes of insiders do the not...

Doesn't Nobleman and Dewsnup state no bifurcation of jr lien on pers. residence? If so, entire lien still in tact in new Ch. 13.

Is it appealable, yes. But I would say the ruling is correct. The C7 did not affect the lien, but it did discharge the unsecured debt. The C13...

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