August 2011

Can a Foreclosure Sale be Set Aside as a Preference in Bankruptcy?

by Dan Press, Virginia and D.C. Bankruptcy Attorney

It is commonly understood that bankruptcy law affords no basis to set aside a prepetition foreclosure sale, even if the sale generated far less than the fair market value of the property, as long as the sale was conducted in a procedurally proper manner under state law.   That understanding may be an oversimplification, according to [...]

Help! My Car Was Repossessed! Can Bankruptcy Help?

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

The last thing you are thinking about is bankruptcy.  It’s early in the morning and you are just stepping out of the door to go to work and your car is not where you left it! First thought:  Was it stolen? Oh, no!  You knew that you were a couple of months behind on your [...]

Bankruptcy Petition Preparers: A Really Bad Idea

by Russell A. DeMott, Charleston Bankruptcy Lawyer

  Bankruptcy Petition Preparers.  Should you hire one? Let’s face it.  Folks with financial problems aren’t exactly flush with cash. So it’s tempting to cut corners in purchasing legal advice and to opt for the services of a bankruptcy petition preparer. But as with most things, you get what you pay for. Preparers really can’t–at [...]

When you file a Chapter 7 bankruptcy you must list all of your assets and debts.  Unsecured debts are discharged giving you what is often called a Fresh Start. Payday Loans are a form of unsecured debt, although many people believe that these debts are secured. In fact, since the borrower is required to turn over a post-dated check to [...]