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

07 Jul Repeat Chapter 13 Filer May Obtain Extension of Bankruptcy Stay Through Terms of Chapter 13 Plan

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 bankswill consider this ruling to be an "end run" around the strictures of 11 U.S.C. section 362(c)(3)(A), especially because the debtor in this case failed to make a timely motion to extend the bankruptcy stay pursuant to section 362(c)(3)(B). Section 362(c)(3)(B) provides that in a bankruptcy case filed within one year of a prior case, the stay expires after 30 days, unless the debtor files a motion to extend the stay prior toits expiration. Normally, a mortgage bank is permitted to foreclose once the stay is terminated.
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06 Jun Reaffirmation Agreement: What Happens If My Bankruptcy Lawyer Refuses To Sign It?

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 apre-printedofficial form issued by the bankruptcy courts. It states that you are continuing...

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29 May Federal Income Tax Discharged in Bankruptcy Unless Non-payment was Intentional, Appeals Court Says

TheU.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 U.S. government's attempt to obtain tax liens upon the doctor's real estateafter her chapter 7 case was discharged.
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