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Chapter 11 Bankruptcy for Churches »

Chapter 11 bankruptcy (link to information on website of Detroit Michigan bankruptcy attorney Kurt OKeefe) is not just for individuals and for profit corporations.
As with Chapter 7 and Chapter 13 bankrupty cases, filing Chapter 11 stops foreclosure, garnishment (explained by southern Oregon bankruptcy attorney Karen Oakes) and any other collection activity by creditors.
Some churches [...]

Chapter 11 Debtor in Possession »

In a Chapter 11 bankruptcy case, the debtor, the person or company that files the case, is a debtor in possession.
The debtor in possession, or D.I.P, has the power to keep running the business.  It also imposes duties and powers on the debtor.
The United States Trustee’s office has guidelines for the duties of a debtor [...]

6th Circuit on Chapter 13 Discharge »

The 6th Circuit Court of Appeals has reversed bankruptcy Judge Rhodes ruling on getting a Chapter 13 discharge.
There is no discharge for a Chapter 13 case filed within 4 years of a prior Chapter 7 case, per 11 USC 1328(f).
The bankruptcy court had held the 4 years ran from the date of the discharge, not [...]

Bankruptcy Judge for Chapter 13 Reform »

No one has advocated Chapter 13 bankruptcy reform, to allow courts to re-write the terms of mortgages secured by homes, longer than the bloggers on this site.
I have not seen our argument for Chapter 13 bankruptcy reform put better than in this Washington Post article.
Kansas bankruptcy attorney Jill MIchaux and San Diego bankruptcy attorney Michael [...]

Bankruptcy Changes, Foreclosue Crisis »

The New York Times joins the chorus of bankruptcy attorneys on our blogs in calling for Chapter 13 reform to give relief to homeowners being foreclosed.
Chip Parker, among others, has stated the many virtues of this proposed bankruptcy law reform.
Under current law, consumers cannot modify, or change the terms of, the mortgage secured by [...]

Small Business Chapter 11 »

Chapter 11 bankruptcy can help small businesses, and individuals.
There is a debt limit, a maximum amount that can be owed by an individual debtor to still be able to file Chapter 13 bankruptcy.
This post will discuss some aspects of small business chapter 11 bankruptcies.
I frequently tell the operators of small businesses who call, that the [...]

Bankruptcy Reform, Looking Back »

Bankruptcy laws were massively changed effective October 17, 2005.
One of the selling points, was that too many people were filing, and this cost the rest of us $400 per year, because our cost of borrowing was higher to cover the losses from all those deadbeats filing Chapter 7.
Well, the credit card company losses were [...]

Six Trillion Dollars in Home Equity Gone »

That is the guess of  a Washington Think tank based on the Case-Shiller home price index, as reported in today’s Los Angeles Times.
Supposedly, this will complete the deflation of the housing bubble started by Mr. Greenspan.
This will put more homes underwater, worth less than the amount of the mortgages borrowed against the house.
This writer has [...]

Financial Crisis Spreads to Retailers »

As the Fed has pumped up the money supply, prices are inevitably rising.
Gas, now food, increasing first.
With mortgage-home equity borrowing having dried up, it seems people are using credit card debt to make up the difference.
This is not a good strategy. You cannot borrow your way out of a [...]

Mortgage Company Abuse of Bankruptcy Laws »

     Mortgage companies routinely ignore Chapter 13 bankruptcy law.
You complete your plan payments, believing you are once again current with the mortgage, having accomplished your goal.
But then, you get a notice from the mortgage company, claiming you still owe them thousands of dollars.  Or, worse still, you just get a notice of a foreclosure sale [...]