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% [?]

11 USC 722 of the Bankruptcy Code codifies the power to redeem secured assets.  In layman’s terms, this means you can make a lump sum payment and pay off the entire balance for the fair market value of the asset.
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Popularity: 34% [?]

What are your options in Chapter 7 if you own a vehicle that is worth thousands of dollars less than the debt on the vehicle - in other words, you are upside down on the vehicle.  Further, what if you are behind on your payments or you have a spotty payment history?
If you liked that [...]

Popularity: 18% [?]

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% [?]

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. 
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Popularity: 100% [?]

When filing for bankruptcy protection under Chapter 7, of paramount concern to many debtors is the status of their vehicles.  There three primary options expressly endorsed by the United States Bankruptcy Code:

Reaffirmation.  Reaffirmation is governed principally by Section 524(c) of the Code.  Of concern in post-BAPCPA cases in the vehicle context is the manner in [...]

Popularity: 81% [?]

The Texas Tax Code now allows Texans who own real property in Texas to take out a loan with a third party to pay past due property taxes. However, these loans come at an otherwise unnecessary and exorbitant cost to the borrower (property owner).
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Popularity: 30% [?]

Here is the Tagalog version of the U.S. Trustee Bankruptcy Information Sheet. You will be asked at your meeting of creditors (341 hearing) whether you have read this sheet and understand it. Read the information sheet and ask your bankruptcy any questions you have. According to Wikipedia, Tagalog (pronunciation: [tɐˈgaːlog]) is one of the [...]

Popularity: 36% [?]

In a Chapter 7 bankruptcy, you have three options with regard to a secured debt. You can reaffirm the debts, redeem the property used as security on those debts, or surrender the secured property and discharge the remaining debt.
If you have a car loan with a credit union and you sign a reaffirmation agreement, [...]

Popularity: 18% [?]

Ordinarily you use liquidation/tag sale/auction/pawn shop values when listing your property in the bankruptcy forms. (See Asset Values and Bankruptcy, Part 1.) There are two exceptions, both applicable when you are doing some damage to your secured creditors.
You can “redeem” collateral in Chapter 7, including a car, by paying its “replacement value.” [...]

Popularity: 18% [?]