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Archive for October, 2007

Buying A New Car? Watch Out For Dealer Added Insurances! Part Two »

Often clients come into the office  wanting to know if they can set aside a vehicle purchase because they say they did not realize that the monthly note was going to be as high as it was.  Many times when this is the case the client has purchased several of the insurances that we discussed in Part One.

Bankruptcy & non-escrowed mortgage loan – Practitioner Tip »

If a debtor’s loan is a non-escrowed loan and the property taxes are current when the bankruptcy case is filed, the debtor should consider scheduling the taxing authorities for notice purposes only so that if the debtor becomes delinquent on post-petition taxes, the taxing authorities do not file suit in state court and then proceed [...]

Will My Bankruptcy Trustee Take My Burial Plot and Funeral Plan in Kansas? »

Burial plots and funeral plans are exempt from attachment by creditors under Kansas state law, which prevents seizure by your trustee in bankruptcy if you claim Kansas exemptions.
These are assets often overlooked when preparing your list of property. It is important that you list your burial plot and funeral plan (and all your [...]

Deferral of Property Taxes in Texas »

Pursuant to Section 33.06 of the Texas Tax Code, homeowners over the age of 65, disabled persons, and persons 55 years of age or over who are the surviving spouse of a person previously entitled to a tax deferment may be entitled to complete deferment of taxes owed on the property for as long as [...]

Vehicle Purchase Prior to Bankruptcy Filing Generates Chapter 13 Objections »

In the Northern District of Georgia, recent car purchases can create problems in Chapter 13 cases. I currently represent a debtor who moved to Georgia within the last year following a divorce.

What Do I Do If My Bankruptcy Case is Chosen For An Audit? »

On October 20, 2006, debtor audits began, pursuant to BAPCPA, the new bankruptcy law. At least one out of every 250 non business Chapter 7 and Chapter 13 bankruptcy cases is randomly selected for audit.
If your case is selected for audit, your lawyer (or you if you have no attorney) will be notified by [...]

Additional Homestead Exemptions in Texas »

Texas law gives additional homestead exemptions to homeowners 65 years of age or older, if you are a disabled homeowner, or if you are a disabled veteran.

Refund of Force Placed Insurance Premiums »

If you had overlapping insurance, meaning you had your own insurance policy at the same time the mortgage lender had force placed insurance a/k/a lender placed insurance on your property, the mortgage lender can obtain a refund of the premiums for the force placed insurance for the periods in which you had overlapping coverage in [...]

Can I Take an Car “Ownership” Expense If I Don’t Have a Car Loan or Lease? »

Courts are split about evenly as to whether an over-the-median bankruptcy debtor can take an ownership expense deduction on the means test if they own a car but do not have a car loan or lease on it.
Could a debtor borrow money to purchase a car shortly before filing bankruptcy, give the lender [...]

Lender Force Placed Insurance – BAD!!! »

Force placed insurance, sometimes referred to as lender placed insurance, is bad, VERY BAD, for the Debtor/Borrower! It is very costly and does not protect you, the borrower. Many borrowers believe this coverage will cover their contents. Wrong! Further, unless the mortgage documents provide otherwise, the borrower does not have the [...]