A U.S. bankruptcy court in California agreed with a chapter 13 debtor that the terms of his chapter 13 plan could prevent a foreclosure, even though he had previously filed a chapter 13 which was dismissed in the one year prior to his second case. Mortgage banks will consider this ruling to be an “end run” [...]
Craig Andresen, Minneapolis, MN, Bankruptcy Attorney
A New York bankruptcy court ruled that a same sex married couple can file a joint bankruptcy case, just the same as a heterosexual married couple, regardless of the existence of the federal Defense of Marriage Act. This case, In re Somers and Caggiano, No. 10-38296 (Bky.S.D.N.Y. May 4, 2011), and the rulings in In re [...]
Let’s say you file chapter 7 bankruptcy, and you want to keep paying your vehicle loan and thereby keep your vehicle. The bank sends your bankruptcy lawyer a “reaffirmation agreement,” which is a pre-printed official form issued by the bankruptcy courts. It states that you are continuing to pay the monthly payments on your car loan, and [...]
The U.S. Court of Appeals, Sixth Circuit, recently ruled that an Ohio doctor could discharge her federal income taxes in chapter 7, based upon the government’s inability to prove that her failure to pay the income taxes was intentional. This case, Beneficial Mortgage Corp., et al. v. Storey, No. 09-3848 (6th Cir. May 16, 2011), involved the [...]
Eric Myers of North Carolina filed for bankruptcy in the hopes of a better financial life. What he got was a slap in the face and lack of employment prospects that would help him fulfill that dream. Eric Myers filed a Chapter 7 bankruptcy in North Carolina in 2008. Shortly after he received a discharge [...]
Some bankruptcy lawyers react to an inquiry from a potential bankruptcy client, who is a deaf person, with apprehension. The lawyer might view the prospect of running afoul of the Americans with Disabilities Act, with its requirement of reasonably accommodating a deaf person’s disability, as a frightening thing which ought to be avoided. This fear can [...]
