February 2012

A Chapter 13 debtor MUST get Bankruptcy Court permission to sell property while their Chapter 13 case is pending. In fact a debtor in ANY bankruptcy chapter must get court permission. Permission to sell comes in the form of an Order from the Court, which only comes after a motion is made seeking the Order [...]

Another Southwest Florida Bankruptcy Judge OKs Chapter 20 Lien Strip

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

The most recent court opinion, In re Scantling, written by Bankruptcy Judge Michael G. Williamson, agrees that a debtor can file a Chapter 20 and strip his or her second mortgage (or whatever is left of it) despite not being eligible for a discharge. A Chapter 20 Bankruptcy is a slang term used in the [...]

Bankruptcy modifies the collection of all kinds of debt.

by Andy Miofsky, Illinois Bankruptcy Attorney

Do you receive late notices and collection letters in the mail?  You probably opened them at first, but now do you just throw them in an unopened pile, hoping to deal with them later – and later never comes? Are you tired of explaining why you have not paid a bill, embarrassed telling complete strangers [...]

Change Your Chapter 13 Bankruptcy Payment

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

Yes, Virginia, you CAN change your Chapter 13 bankruptcy payment  if something changes in your situation. Chapter 13 requires a monthly payment from three to five years.  It allow you to cure arrearages for mortgages, car loans, taxes, or family support, or pay what you are required to pay under the Means Test.  A portion of the money may go [...]

Wall Street Bankrupts Us With Casino Tools

by Wendell Sherk, Missouri Bankruptcy Attorney

Casinos would go broke if people acted completely reasonably with money.  Instead, players go bankrupt and the house always wins.  Banks have learned to play the same games. Banks are gradually turning the consumer financial world into a casino.  I don’t mean just the way they turn every loan into a chip in a huge [...]

Top 15 Lies About Bankruptcy Lie #3: If You File for Bankruptcy, You’ll Lose Everything You Have. Truth-o-Meter: In the vast majority of cases, nothing could be further from the truth. The fact is that most people who file bankruptcy don’t lose anything except their debts. First, while laws vary from state to state, every state [...]