Foreclosure: CASH for Keys

by Rachel Lynn Foley, Esq.

What’s in it for YOU? MONEY to help you relocate!  Negotiated amounts will vary depending on the lenders’ policies. What’s in it for the NEW OWNER (Bank or Mortgage Co)? A WRITTEN AGREEMENT that stipulates the following—- Vacate by a certain date. Occupied property is less likely to be vandalized. You keep the property up= […]

Will I Lose My Security Clearance if I File Bankruptcy?

by Brett Weiss, Esq.

I practice in the Washington, DC area. Lots of my clients work for federal agencies and contractors who require security clearances as a condition of their employment. The first question they ask when them come to see me is whether a bankruptcy filing will cause them problems with their security clearance. The short answer I […]

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 […]