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Glossary: Avoidance »

AVOIDANCE: The Bankruptcy Code permits the debtor to eliminate (avoid) some kinds of liens that interfere with an exemption the debtor has claimed. The trustee may also avoid a preferential transfer to a creditor made before the bankruptcy case was filed.

Dear Congress: Homeowners Need Help, Too! »

As a constituent and bankruptcy attorney working to help families in our community save their home from foreclosure, I urge you to include court-supervised mortgage restructuring for financially distressed American homeowners in any package you approve to bail out Wall Street.  Why do I support this approach?

The rapid deterioration of the financial sector has been [...]

Word of the Day: Assets »

ASSETS: Your property, things that you own or have a legal interest in that have value. Your house, car, bank accounts, cash, household goods and furnishings, are all considered assets, even if you are making payments on them.

Word of the Day: Arrearages »

ARREARAGES: What you’re behind on in making payments. If your monthly payment is $500, and you’re three payments behind, your arrearages are $1,500.

Word of the Day: Adversary Proceeding »

ADVERSARY PROCEEDING: A lawsuit filed in the bankruptcy court which is related to the debtor’s bankruptcy case. Examples are complaints to determine dischargeability and complaints to determine the extent and validity of liens.

Will The New California Foreclosure Law Provide Additional Time To The Foreclosure Process? »

On July 8, 2008, California enacted SB 1137 to deal with the mortgage crisis.  This legislation supposedly was an attempt by the State of California to . . .
The rest of this post may be found at the Mortgage Law Network.

Are You Going Broke Helping Your Adult Children? »

It seems that many older people who find themselves considering bankruptcy have gotten themselves into debt by helping adult children or grandchildren out of a bind.

Garnishments in Missouri (Part Four) »

If the debt is not for taxation, federal agencies are limited to garnishments of up to 15% per debt and this is also limited by the overall garnishment cap of 25%. So if two agencies have a non-tax debt that they are each seeking 15% garnishments over, the first garnishment could receive a [...]

Garnishments in Missouri (Part Three) »

Garnishments in Missouri (Part Three)
There are certain protections in place against garnishments.  For example, Missouri protects employees from being fired because of the imposition of a garnishment, but that limitation is against the imposition of a single garnishment.  Should additional garnishments be imposed on the same employee, then garnishment would be a permissible reason to [...]

Can I Discharge the Credit Card at the Bank Where I Have My Car Financed and Keep the Car? »

Generally yes, these are mostly separate types of loans.
However, in certain situations, usually it has been with a Credit Union, the credit card or line of credit you have may be connected to your car. This is called cross-collateralization.
If the car loan and the credit card or other debt with the bank is secured by [...]