Category: Reaffirmation of Debts
By Eugene S. Melchionne, Connecticut Bankruptcy Attorney on May 11, 2008 in Automatic Stay, Bankruptcy Cases of Interest, Chapter 7 Bankruptcy, Connecticut, Mortgages, Reaffirmation of Debts, State Specific Bankruptcy Issues | 0 Comments
When you file for bankruptcy, you are generally given three choices with regard to a secured debt; that is, a debt that is attached to a lien on something you own. The Bankruptcy Code specifically deals with reaffirmations and when and how they must occur. That information appears elsewhere on this site and there is [...]
Popularity: 9% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Credit Cards, General Bankruptcy Information, Life After Bankruptcy, Reaffirmation of Debts | 1 Comment
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…When Do I Know Its Right To [...]
Popularity: 27% [?]
By Michael Doan on Apr 20, 2008 in Bankruptcy Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Debt Collector Abuses, Discharge Violations, General Bankruptcy Information, Lawyer to Lawyer, Life After Bankruptcy, Reaffirmation of Debts, Redemption of Assets, Surrendering Property | 1 Comment
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: 33% [?]
Popularity: 33% [?]
By Michael Doan on Apr 6, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, California, Chapter 7 Bankruptcy, General Bankruptcy Information, Life After Bankruptcy, Personal Finance, Personal Property, Reaffirmation of Debts, Surrendering Property, Vehicles | 0 Comments
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 [...]
Popularity: 46% [?]
By Andy Miofsky, Illinois Bankruptcy Attorney on Feb 20, 2008 in Chapter 7 Bankruptcy, Illinois, Mortgages, Reaffirmation of Debts | 0 Comments
A debtor in a chapter 7 case can reaffirm the exempt portion of an interest in real property and retain the property after the bankruptcy case. Debtor keeps the house and the reaffirmed loan survives the bankruptcy discharge. A creditor is not required to consent to a reaffirmation agreement, but if one is [...]
Popularity: 26% [?]
By Michael Doan on Feb 10, 2008 in Bankruptcy Practice and Procedure, California, Chapter 7 Bankruptcy, General Bankruptcy Information, Personal Property, Reaffirmation of Debts, Vehicles | 1 Comment
On February 6, 2008, the Ninth Circuit Bankruptcy Appellate Panel issued its ruling confirming the Bankruptcy Courts decision that Ride Thru no longer exists as a result of the new Bankruptcy Laws that went into effect on October 17, 2005. So what does this mean?
If you liked that post, then try these…MA Protections of Cash [...]
Popularity: 38% [?]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Feb 10, 2008 in Chapter 7 Bankruptcy, Reaffirmation of Debts | 0 Comments
Can a car lender refuse to reaffirm? I received this question from a Utah reader of my Atlanta Bankruptcy blog:
We had our car loans lumped together into one loan for both cars. Both vehicles are worth about 14,000 together and we only owe 6,500. If we’re filing a chapter 7 will the bank try to [...]
Popularity: 22% [?]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Feb 8, 2008 in Chapter 7 Bankruptcy, Reaffirmation of Debts | 2 Comments
What are your options for keeping your vehicle if you file Chapter 7? What if you owe far more than the vehicle is worth - do you have any leverage to negotiate?
There are basically two options.
If you liked that post, then try these…What is a secured debt? Part 2 – purchase money security interest [...]
Popularity: 21% [?]
By Karen Oakes, Southern Oregon Bankruptcy Attorney on Jan 19, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Choosing Bankruptcy Attorney, General Bankruptcy Information, Oregon, Personal Property, Protecting Assets In Bankruptcy, Reaffirmation of Debts, Redemption of Assets, Role Of The Lawyer, State Specific Bankruptcy Issues, Surrendering Property | 0 Comments
I recently visited a bankruptcy law blog which was supposedly written by an attorney offering advice on debts in bankruptcy. Why do I say, “supposedly?”. The writer discussed the importance of knowing what kind of debt you might have: secured vs. unsecured.
That was a good point, but then, the writer [...]
Popularity: 77% [?]
By Michael Doan on Dec 23, 2007 in Bankruptcy Myths, California, Chapter 7 Bankruptcy, Collection Issues, Consumer Protection, Debt Collector Abuses, Discharge Violations, Foreclosure Issues, Personal Property, Protecting Assets In Bankruptcy, Reaffirmation of Debts, Redemption of Assets, Surrendering Property | 0 Comments
Maybe. It all depends on whether there is an enforceable security agreement between you and the lender concerning the collateral. In most cases, either the security agreement is not enforceable, and even if enforceable, it is simply not economically viable to repossess the assets and make a profit.
If you liked that post, then try these…When [...]
Popularity: 100% [?]
