Another Appeals Court Approves 2nd Mortgage Stripping in Chapter 20 Cases

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

The U.S. Court of Appeals, Eleventh Circuit, ruled that in a chapter 13 case filed within four years of a previous chapter 7 case (a so-called “chapter 20″), the chapter 13 plan could strip a completely unsecured junior mortgage.  Wells Fargo Bank v. Scantling, No. 13-10558 (11th Cir. June 18, 2014).  In such chapter 13 […]

“What Do You Mean You Included My Home/Car In the Bankruptcy?!”

by Brett Weiss, Esq.

Good bankruptcy attorneys spend a lot of time talking with their clients. They give them an awful lot of information. Sometimes clients forget. One of the things clients sometimes forget is the requirement in the Bankruptcy Code that all of their assets and all of their debt must be included in the bankruptcy filing. This includes things that they may want […]

Why Should I Use a Bankruptcy Attorney?

by Brett Weiss, Esq.

Most of my clients don’t have a lot of money. If they need to file for bankruptcy, they’ve usually gotten ads from “Bankruptcy Petition Preparers.” These folks advertise that they can prepare someone’s bankruptcy papers a whole lot cheaper than lawyers. They’re right. They CAN prepare your bankruptcy papers a whole lot cheaper than lawyers. Why? THEY’RE […]

Minnesota Property Tax Refunds Not Exempt in Bankruptcy, Appeals Court Says

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

Reversing the Minnesota bankruptcy court, an intermediate federal appeals court ruled that a property tax refund owed to a bankrupt homeowner cannot be claimed exempt.  Manty v. Johnson (In re Johnson), No. 13-6050 (8th Cir. BAP April 22, 2014). The appeals court said that the bankruptcy court was mistaken when it held that a Minnesota property […]

Why Replace Chapter 7 Bankruptcy Trustees Now?

by Wendell Sherk, Missouri Bankruptcy Attorney

When someone leaves a job, is it always necessary to replace them?  The bankruptcy system’s watchdog seems to think so, even if that makes little sense. Chapter 7 Trustees are assigned randomly to bankruptcy cases to identify and liquidate property not protected from the creditors.  They are paid $60 per case and nothing else unless […]

Let it Go! What A Great Bankruptcy Theme Song!

by Rachel Lynn Foley, Esq.

I can’t think of a more appropriate theme song for those in a financial crisis than Let it go from the movie Frozen.   A theme song  sets the tone or mood for what is about to come.   Walt Disney has a history of providing  life lessons through entertainment so it is no surprise Frozen and […]