October 2009

Lien Stripping – Using Bankruptcy to Wipe out Second Mortgages

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

If your house is worth less than the first mortgage, you can wipe out second mortgage liens in a chapter 13 bankruptcy case.  This is through a procedure called “lien stripping”.  Basically, you do have to pay what you owe under a chapter 13 plan.  However, you first get the court to declare that the [...]

What’s happening in Illinois Mortgage Foreclosures?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Mortgage foreclosures in Illinois are picking up again

Modifying Co-Signed Secured Debt in Chapter 13? Be careful.

by Wendell Sherk, Missouri Bankruptcy Attorney

Chapter 13 bankruptcy provides a powerful tool  — You can provide for special treatment of co-signed debt, allowing it to be paid more than other similar creditors.  In this way, you can “protect” your co-signer from having to repay part or all of the debt you incurred with their help. But what happens when you [...]

Living With Your Chapter 13 Plan

by Bankruptcy Law Network

Chapter 13 Plans must be proposed to last a minimum of 36 months, and a maximum of 60 months. Three to five years is a long time! And a lot can change during that time. As plans are proposed and confirmed by the court based upon your set of circumstances at that time, it is [...]

Didn’t Put Lien on My Car Title, My Car is Free, Right?

by Wendell Sherk, Missouri Bankruptcy Attorney

Sometimes the bank forgets to file the paperwork to put a lien on a car’s certificate of title when they make a car loan.   Does that mean you don’t owe the money?  Or if you file bankruptcy, you get the car for free? Usually it’s not so simple.  When you take out a loan on [...]

Must You Have a Lawyer To File Bankruptcy?

by Douglas Jacobs, California Bankruptcy Attorney

Must You Have A Lawyer To File Bankruptcy? Certainly not!  You have the absolute right to represent yourself.  But, the better question is: “Should you have a lawyer to file bankruptcy?” Let’s make a list of the pros and cons to have an attorney, starting with all of the reasons not to have one: 1. [...]