Craig W. Andresen is a consumer bankruptcy lawyer in Bloomington, Minnesota, with 22 years’ experience in consumer and small business bankruptcy cases. He is the Minnesota chair of the National Association of Consumer Bankruptcy Attorneys, and is a member of the Minnesota State Bar Association’s Bankruptcy Section. Mr. Andresen lectures often on the topic of consumer bankruptcy at local and national legal seminars.

 

Author: Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

14 Jul 7th Circuit Splashes Cold Water on Chapter 7 “Lien Stripping” Hopes

Over the past dozen or so years, the bankruptcy process known as chapter 13 lien stripping has become universally accepted by the courts. Recently, advocates of lien stripping have expanded their efforts in the next logical direction: gaining judicial recognition of lien stripping in chapter...

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10 Jul Forcing the Mortgage Holder to Take Back a Home through Chapter 13

Using bankruptcy to surrender a home that has become unaffordable is nearly as common as using bankruptcy to stop a foreclosure so that a home can be retained. The question whether to keep a home when filing bankruptcy is usually answered by comparing the amount...

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12 May “Chapter 20” Lien Stripping Allowed by Fourth Circuit Appeals Court

The U.S. Court of Appeals, Fourth Circuit, has become the first U.S. Court of Appeals to approve "chapter 20" lien stripping. Although virtually all U.S. bankruptcy courts allow the "stripping" (vacating and eliminating) of completely unsecured junior mortgages on homestead real estate, the Fourth Circuit...

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24 Mar Bonuses Paid to Debtor After Chapter 7 Filing Can’t be Taken by Bankruptcy Trustee

The Bankruptcy Appellate Panel for the U.S. Court of Appeals, Eighth Circuit, ruled that employment bonuses paid to a debtor shortly after she filed for chapter 7 bankruptcy could not be considered part of her bankruptcy case. The court's ruling allowedthe debtorto keep $24,072.00 in...

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24 Feb Tribe Members’ Monthly Casino Profit Allocations Can’t Be Seized By Bankruptcy Trustee

Minnesota bankruptcy court judge Dennis D. O'Brien ruled that future monthly per capita casino revenue payments belonging tomembers of the Lower Sioux Indian Community, a federally recognized Indian tribe in Minnesota, cannot be taken by a chapter 7 trustee when a tribe member files for...

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