May 2008

The short answer is yes.  In Texas, ad valorem  (property) tax liens are both constitutional and statutory.  Further, they are given an automatic priority over the mortgage companies lien.  On January 1 each and every year a tax lien automatically attaches to your property.  Further, if any taxes are delinquent on your property when you [...]

In this article, I will discuss the final duties imposed on creditors when they have been notified that a bankruptcy case has been filed. 7. Duty to stop collection efforts. Creditors obviously have a duty to stop all collection efforts when they receive official notice from the bankruptcy court that a bankruptcy petition has been [...]

With Humility Comes Wisdom…

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

With humility comes wisdom, Proverbs 11:2. You may ask what does Proverbs or this saying have to do with debt? That is a great question. The first step in learning how to handle debt that has run a muck is to recognize that there is a problem. When you recognize that you may have a [...]

Bankruptcy: A State Specific Law?

by Douglas Jacobs, California Bankruptcy Attorney

The bankruptcy law is a federal law.  In fact, the U.S. Constitution mandates that Congress enact uniform bankruptcy laws.  Doesn’t that mean that an article written about bankruptcy in Virginia will apply in Arizona?  Unfortunately, no: the law differs greatly from State to State. The main structure of bankruptcy law is federal – passed by [...]

A bankruptcy judge stunned the mortgage industry this week by discharging a stated income HELOC mortgage deficiency, even though the borrowers lied about their income on the loan application. A false loan application is fraud and usually grounds to deny a bankruptcy discharge, but this lender did not verify the income and did not rely [...]

Who Are The Trustee’s In Your Neighborhood, Part VIII

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

If you are in the Western District of Missouri, Kansas City Division, there are 10 Chapter 7 Trustees. You can never choose the trustee for your case, they are assigned by the Court at the time of filing. So far we have introduced you to Mr. David C. Stover, Ms. Erlene Krigel, Ms. Janice Stanton [...]