As a bankruptcy attorney, I get asked many questions each and every day about debt and mortgages. Should I reaffirm my mortgage after I file for bankruptcy? The answer is always – NO. Now, this question has started coming in a different format? Clients who filed for bankruptcy protection years ago are asking: Why didn’t [...]
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When you file any bankruptcy, it’s very easy to get caught up in the here-and-now. There are appointments with your lawyer, credit counseling requirements, paperwork to gather, and perhaps tax returns to complete and file. At the same time you may be coping with creditors’ phone calls and letters, maybe applying for mortgage modification, and [...]
Creditors are starting to talk up how to snatch assets away from bankruptcy trustees who don’t even know they’re coming. The case that’s causing the excitement is the Ninth Circuit’s In re Blixseth where the circuit court concluded that a bankruptcy trustee lost an asset that was not even properly listed on the debtor’s schedule [...]
To reaffirm a debt in bankruptcy you must ask your creditor to send you reaffirmation paperwork, consisting of a Reaffirmation Cover Sheet, a Reaffirmation Agreement, and a Motion For Approval of Reaffirmation Agreement. The creditor should fill in most or its entire portion of these papers before sending you the documents. Here are Andy Miofsky’s [...]
On February 22, 2012, the Court issued the In re: Bowden decision. The Bowden decision will affect the way attorneys and their clients approach reaffirmation agreements in the Eastern District of North Carolina (EDNC). First, a little background. What is a “reaffirmation agreement?” A reaffirmation agreement is a contract between a debtor and a creditor. [...]
What does bankruptcy, Easter and Passover have in common? Let’s see if you will agree with my analysis. What are the words that pop into mind when you think of bankruptcy? Guilt, sin, slave to debt, fresh start, family, broke, worthless, forgiven and hope. What words come to mind when you think of Easter? Eggs, [...]
