What is the proper way to establish value for a vehicle in determining the secured portion of a claim vs. unsecured?

Kelly Blue Book (or NADA or any other book value) is only a starting point. Find an appraiser, provide him with whatever documents you have that...

As stated above, an estate cannot be a debtor under the Code. If the estate is in probate, the heir should talk to your probate attorney to see...

I filed chapter 7 in 2009. Not paying my 2nd mtg for 4 mos.. Can the lender foreclose on my home though am current on first?

I assume you are asking if the holder of the 2nd mortgage can foreclose on your residence. If you are not making payments, usually yes. The...

How does cramdown work? Currently I owe 22k on my car but 2k of it is unpaid interest. I bought the car 1 yr ago. Can i pay 20k?

In a chapter 13 it is unlikely that you would be able to cramdown the debt on your vehicle if you purchased it only a year ago. The Code allows...

Is it routine for my Chapter 7 trustee to ask for bank statements at the 341 hearing?

In the Eastern District of CA (of which Modesto is part) the chapter 7 trustees now request bank statements routinely. Many include a request for...

If I hire an attorney to do my bankruptcy, does this mean I can't waive my chapter 7 filing fee?

In the Eastern District of California, the court will not waive the fee if you pay your attorney. You should be aware, however, you may be able to...

When I notified our Electric Company that we had filed BK7, they demanded a copy of the Petition w/Payment?

The bankruptcy code does not exempt utilities from the automatic stay. Any amount owed to them prior to the filing of your petition is...

Chapter 7 bankruptcy effect on judgment for Fraud. Must the creditor file something b4 objection deadline or is it auto not d/c

Was the creditor properly listed and notified? If so a judgment for simple fraud which is not secured by any property would be dischargable unless...

I bought my truck from leasing company & did not pay state taxes. Will chapter 7 BK discharge eliminate sales tax debt ??

Generally a tax lien is a secured debt, which means the lien retains its security through any bankruptcy. Tax liens affect both real property and...

I want to file a chapter 7 bankrutpcy and want to keep making payments on my car without reaffirming it.

As Mr. Steingraber said, it all depends upon the creditor. Most want a reaffirmation. A few will let you make the payments and keep the car, but...