By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Mar 26, 2007 in General Bankruptcy Information | 2 Comments
I received the following question about judgments from a potential client:
Are judgments considered secured debt? Or, are they only considered secured to the point of being a lien above and beyond any exemptions? Isn’t a judgment simply a finding by the court that you owe a debt? I am particularly interested in how [...]
By Chip Parker, Jacksonville Bankruptcy Attorney on Mar 26, 2007 in Florida, General Bankruptcy Information | 0 Comments
Senator Richard Shelby (R-AL) recently described the current spike in home repossessions as just “the tip of the iceberg.” He and Christopher J. Dodd (D-CT) head the U.S Senate Committee on Banking, Housing and Urban Affairs, and on March 22, 2007, they heard from regulators, industry executives, and consumers at a hearing to investigate [...]
By Susanne Robicsek, North Carolina Bankruptcy Attorney on Mar 25, 2007 in Benefits of Bankruptcy, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
Once a foreclosure case has been filed in the court, North Carolina homeowners often have less than two months until their home is sold at foreclosure sale. The foreclosure suit typically starts after two or three mortgage payments are behind.When foreclosures are filed in North Carolina, the mortgage company posts a copy of the foreclosure [...]
By Stephen Otto, Pennsylvania Bankruptcy Attorney on Mar 25, 2007 in Bankruptcy Practice and Procedure, Bankruptcy Protection & Automatic Stay, Benefits of Bankruptcy, General Bankruptcy Information | 0 Comments
It used to be that families who were facing eviction and had no other place to go had a final resort — file a bankruptcy petition to buy just a little more time to either work things out with the landlord or move. However, since the advent of the Bankruptcy Abuse Prevention Consumer Protection [...]
By Kevin Gipson, New Orleans Bankruptcy Attorney on Mar 25, 2007 in General Bankruptcy Information, Louisiana | 1 Comment
In Part One of this series, we discussed in general the Servicemembers Civil Relief Act (SCRA).
In this part, we will discuss what is probably the most common use of the SCRA: to stay or delay legal proceedings against members of the armed forces.
If you liked that post, then try these…Bankruptcy Basics: Can All My Debts [...]
By Bankruptcy Attorney on Mar 25, 2007 in Bankruptcy Practice and Procedure, Colorado | 0 Comments
For many reasons you should not pay people, relatives, and other Creditors back before filing a bankruptcy.
The greatest reason is that the Trustee has the ability to take the money back, so that one Creditor (includes relatives who lent you money and you paid back) is not preferred over another of similar status.
Generally, you can [...]
By Susanne Robicsek, North Carolina Bankruptcy Attorney on Mar 24, 2007 in Bankruptcy Practice and Procedure, General Bankruptcy Information, North Carolina | 0 Comments
When a bankruptcy case is filed, a Trustee is appointed to oversee the case. In all states except for North Carolina and Alabama, a United States Trustee oversees the case Trustee and the overall administration of the case. In North Carolina and Alabama, the Bankruptcy Administrator serves much the same role as the U.S. Trustee.
The U.S. [...]
By Bankruptcy Attorney on Mar 24, 2007 in Colorado | 0 Comments
No. I cannot even fathom a circumstance that this is acceptable. However, there are appropriate ways to protect your property prior to bankruptcy. Speak with your attorney first to make sure you are taking appropriate actions.
Remember, the bankruptcy code is complicated and there are legal ways to protect your asset before filing a bankruptcy. The [...]
By Cathy Moran, California bankruptcy lawyer on Mar 24, 2007 in California, General Bankruptcy Information, Marriage and Debt | 0 Comments
California is one of seven US states whose marital property system is community property. (The others are Alaska, Arizona, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin). Just what that means in the debtor/creditor context is poorly understood.
First, it means that property acquired during marriage is presumed to be community property. The [...]
By Rachel Lynn Foley - Kansas City, MO Bankruptcy on Mar 24, 2007 in Bankruptcy Practice and Procedure | 0 Comments
People always want to know what kind of questions they will be asked at the 341 Meeting of Creditors. Did you know that every case trustee is provided with a list of questions that must be asked, as well as a list of suggested questions? Well, it’s true!
If you’re curious about what questions [...]
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