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Keeping Some Credit Cards Through Bankruptcy »

When you file for Bankruptcy, what do you do if you want to keep some credit cards?  Hide them from your attorney?  NO!  Such “Bankruptcy Fraud” is not worth 5 years in jail and/or 1/2 million dollar fine!  Instead, it depends.  
If you liked that post, then try these…The 2005 Bankruptcy Act: Bankruptcy [...]

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When Can I File Bankruptcy Again? »

There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…When Do [...]

Popularity: 11% [?]

No Bankruptcy Discharge if Unlisted Credit Cards »

She didn’t want to totally destroy her credit, so she didn’t list five credit cards with small balances. Sound familiar? Perhaps you’ve had this thought.
Bankruptcy papers are signed under penalties of perjury, and are the same as live testimony in court. If you knowingly leave something off, you’ve lied and your bankruptcy [...]

Popularity: 15% [?]

Maybe Ride-Through Will Relive? »

Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 28% [?]

Popularity: 28% [?]

Bankruptcy Filings Rise 38% in 2007: What Does That Mean For 2008 »

Recently, the Administrative Office of the United States Courts released the bankruptcy filing information for 2007.  Personal bankruptcy filings reached 822,590  and business bankruptcy filings reached 28,322, for a total of 850, 912.  The number of bankruptcy filings rose approximately 38% over the 2006 number of 617,660 filings.  I would like to say that I am shocked [...]

Popularity: 14% [?]

Should I Reaffirm My Car In Southern California? »

In most cases, No.  In most cases, the value of the car is significantly lower than the debt against it.  Sort of like our housing market……and look at the mess thats causing in real estate since values are now less than the loans securing it!  So if you don’t want to go bust like all [...]

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My Husband (or Wife) is Filing a Bankruptcy…How Will It Affect My Real Property – Chapter 13 »

Unlike a Chapter 7, if your spouse files a Chapter 13 bankruptcy, your real property, even if it has exposed equity, will usually not be taken by the trustee.  As long as your spouse’s creditors get at least as much through the Chapter 13 case as they would have received if it was a Chapter 7 [...]

Popularity: 36% [?]

Bankruptcy Liability Discharge: In Personam vs. In rem. PART II of II »

In my first Blog, we explained the differences between in personam and in rem liability and how a discharge affects in personam liability, but not in rem liability. In this part II, we get a little more technical on what the elimination of the in personam liability is all about.
If you liked that post, then [...]

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Bankruptcy Liability Discharge: In Personam vs. In rem. PART I of II »

What the heck does that mean? Sounds like Latin. Well, it is. And it is the this very threshold foundation of Bankruptcy that sometimes confuses people the most. When one gets a discharge, what exactly does that mean?
If you liked that post, then try these…When Do I Know Its Right To File For Bankruptcy? [...]

Popularity: 56% [?]

I Received A Discharge Of All My Debts, So Why Is There Still A Lien On My House? »

It’s frustrating.  You went through the process, complied with everything your lawyer and the bankruptcy trustee said to do, and there’s still a lien on your home.  The debt was discharged.  Even the credit report shows it was included in the bankruptcy.  But the lien is still there.
Well, there are three types on liens that [...]

Popularity: 19% [?]