January 2009

7th Circuit’s Belcher Decision Sure To Spawn

by Andy Miofsky, Illinois Bankruptcy Attorney

My colleague David Leibowitz of Chicago posted about a fresh 7th Circuit Court of Appeals case, In re Belcher, which denied a homestead exemption under Illinois law to a spouse as to real estate that was titled in his spouse’s name only but not in his name.  This case will expose real estate equity to [...]

Seventh Circuit limits Illinois Homestead Exemption

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

The US Court of Appeals for the Seventh Circuit has just decided that Illinois residents cannot claim a homestead exemption on a house in which they live unless they have some record title interest in the property.  In re Belcher, (7th Cir. 07- 2174, December 31, 2008).   Often, one spouse may hold title to a [...]

Thank You Readers for Top Blawg Ranking

by Bankruptcy Law Network

The voting is over and here are the top 2008 blawgs in the niche category along with nominating their reviews by the American Bar Association Journal editors.  Thanks to all our readers who voted for Bankruptcy Law Network. *Patently-O We believe Patently-O’s claim that it’s the most pop­ular patent law blog around. Author Dennis Crouch, [...]

With the start of a new year, it is a good time to verify how much money your mortgage lender paid to the (property) taxing authorities – especially if you are claiming an “Over 65″ and/or “Disabled” homestead exemption in Texas. Often times I discover a mortgage company pays more taxes to the taxing authorities [...]

I have made a New Year’s resolution to follow Dave Ramsey’s advice to strive for a credit score of 0.  And, I am encouraging my clients to do the same.  Of course, this means down the road we will have to pay cash for everything – including our vehicles – but getting out of debtor’s prison will [...]

Recently I received form letters from a law firm representing HSBC Bank Nevada for Best Buy.  The letters stated: “Please be advised that our client holds a purchase money security interest in consumer goods in regards to the above-referenced claim.”  It then has three options: (1) Debtor will reaffirm; (2) Debtor will make a cash [...]