Can I File a Chapter 13 to Strip Secondary Mortgage Right After A Chapter 7?
Mar 30, 2011
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 afte...
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Can I Buy A House During a Chapter 13 Bankruptcy?
Mar 03, 2011
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 ...
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What To Look For When Hiring A Bankruptcy Attorney
Feb 15, 2011
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
Jan 28, 2011
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 t...
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Supreme Court Makes Means Test Harder To Pass
Jan 24, 2011
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 su...
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Filing Bankruptcy If You Reside outside of the United States
Jan 11, 2011
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 b...
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Bankruptcy Discrimination
Dec 31, 2010
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 j...
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Strategic Chapter 7 for Debtors in Foreclosure
Dec 30, 2010
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...
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Converting Non-Exempt Assets to Exempt Assets Pre-Bankruptcy
Dec 29, 2010
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 debt...
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Surrendering a Property in a Chapter 13
Dec 28, 2010
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...
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