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Bankruptcy Erases Most Judgments »

It often happens that a creditor gets a judgment against you before your bankruptcy case is filed.  That judgment is erased by the filing, unless it’s a type of debt that isn’t discharged anyway (fraud, theft, intentional injury, and the like).
This doesn’t automatically mean that you need to file a bankruptcy case.  You may be [...]

Can You Get Rid Of A Mortgage: An Update »

A Massachusetts Chapter 13 debtor has been able to remove (”cancel” or “rescind”) a second or refinancing mortgage, without having to pay the full principal balance, if there was a serious defect in the closing papers.  See Cancel That Mortgage:  Why Bankruptcy and Remove That Mortgage !!
A recent intermediary appellate decision just changed that ruling.  [...]

Lawyer Fails to File Bankruptcy or Otherwise Carry Out Debt Repayment Plan; License to Practice Law Revoked »

In Santulli v. Texas Board of Law Examiners, 2009 WL 961568 (Tex.App.-Austin, April 10, 2009), the Texas Court of Appeals upheld the revocation of a lawyer’s license to practice law, based upon his failure to either make payment arrangements for his outstanding debts or discharge them in bankruptcy. 
The Board of Law Examiners had found that [...]

A grateful client thanked me for his fresh start »

There is nothing more professionally rewarding to a bankruptcy attorney than to revel in his client’s success just a few years later.

Unlisted Debts Are Not Discharged in First Circuit »

Unlisted, unscheduled debts are not discharged in the First Circuit, which covers Puerto Rico and New England (except Connecticut).  All medical bills must all be listed, even if you believe them to be covered by insurance, because the insurance company may later deny the claim.  Cosigned or guaranteed debts of others must be listed, even [...]

Can I Pay Back My Debts After Bankruptcy? »

Nobody wants to file for bankruptcy, but sometimes it’s the best thing.  Your finances are a mess, the rent is past due and the car is out of gas - so you do what you need to do.
Let’s face it - you’re not proud of filing for bankruptcy.  You want to pay back the credit [...]

Can I Refinance My Home While I’m In Bankruptcy? »

It is possible to refinance your home while you are in bankruptcy, though it will require court approval.  If you are in a Chapter 7 and are trying to do a traditional refinance (a new lender, all new paperwork, etc.) your lender is probably going to want to wait until you receive your discharge to [...]

Can I get credit after bankruptcy? »

You can get credit after bankruptcy. But you must act responsibly.

Can I modify my mortgage in chapter 13? »

Clients ask me every day “Can I modify my mortgage in chapter 13?”  Unfortunately, the answer is “Not yet if you’re thinking about your home.”  The House of Representatives voted in favor of mortgage modifications in chapter 13.  But the Senate has not even considered the same bill, S 61 in the Senate.  We think [...]

Should I Keep Paying My Homeowner’s Insurance After Filing Bankruptcy? »

Many people surrender their homes to their lenders when they file for bankruptcy but as long as the property is titled to them, they may have some risk if someone is hurt on the property.    As long as the property is in your name, your homeowner’s insurance would protect you from liability.
It may be [...]