Bankruptcy might be able to help you get a car back that has been picked up by the Sheriff to sell to pay on a judgment claim, but it would be better not to wait until you see your car (or other property) being taken away to call a lawyer. You might be able to [...]
Exemptions In Bankruptcy
In July, 2007, Florida’s legislature created a $4,000 wildcard personal property exemption for people who do not receive benefits of a homestead exemption that has become a prime example of the Law of Unintended Consequences. During the real estate heyday on Florida (Circa 2005), there was a great disparity between homeowners and home renters when [...]
As explained by Professor Daniel Austin of the Northeastern University School of Law in Boston, Mass. in the December/January 2011 American Bankruptcy Institute Journal, the U. S. Constitution in Article 1, the Bankruptcy Clause, authorized Congress to establish uniform laws regarding bankruptcy throughout the United States. However, as Prof. Austin acknowledges, the reality is far from [...]
Laws, like sausages, cease to inspire respect in proportion as we know how they are made. John Godfrey Saxe, Daily Cleveland Herald (29 March 1869).[1] Previously, I have outlined the exemptions available to Virginia debtors in bankruptcy – property that a debtor gets to keep from the trustee. They are, to say the least, not [...]
Gov. David Paterson has signed a bill that gives more protection to New Yorkers who file bankruptcy or who have been sued by bill collectors. The new law increases the exemptions that people can use to protect their property from forced sales by bankruptcy trustees and debt collectors. It also allows a choice between State [...]
Unusual situations often show up in bankruptcy court eventually. And sometimes they contain both humor and depression in equal measure. Recently the 8th Circuit Bankruptcy Appellate Panel was called upon to rule on whether a horse trailer could be a mobile home under Missouri law. The issue arose because the debtor who filed bankruptcy owned [...]
