Bankruptcy Court

Judgment Liens: No Longer Avoidable in Southern Illinois Bankruptcy Court?

08/26/12

An old adage says that liens “pass through bankruptcy” unaffected.  As old adages go, it’s right as much as it’s wrong.  Particularly when referring to judgment liens against someones home which are normally subject to “avoidance.”  But a July, 2012 court decision puts that in doubt for Southern Illinois residents.

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Mortgage Liens Declared Invalid in Central Illinois Bankruptcy Court

08/17/12

A Central Illinois Bankruptcy Court Judge ruled the trustee who oversees administration of a bankruptcy case can avoid mortgage liens that do not comply with an Illinois law that requires the mortgage contain notice of the interest rate, loan amount and maturity due date.  See In re Crane [Crane vs. Richardson, CDIL 11-09067], on appeal to US District Court.

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Chapter 13 Bankruptcy Plan Payments Can be Lowered if Your Income Decreases

06/26/12

When a Chapter 13 bankruptcy plan gets confirmed by the Bankruptcy Court, the monthly payments you are supposed to pay to the trustee are set by the confirmation order. But they are not always set in stone.

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Debt Settlement Attorneys Beware, the Bankruptcy Court She’s a Watchin’

04/02/12

The Bankruptcy Court Scrutinizes Fees Charged by Consumer Attorneys By definition, the assets of bankruptcy debtors are limited. Taking this reality into account, the Bankruptcy Code has historically required debtor attorneys to disclose their fees, and in some cases, prove that what they’ve charged is reasonable. In order to protect debtors who have fallen on [...]

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Anna Nicole Smith will live forever in stunning new Supreme Court decision in Stern v. Marshall!

06/24/11

The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death).  In this 5-4 split opinion released yesterday (June 23, 2011), the Supreme Court significantly limited the scope of Bankruptcy Courts’ jurisdiction to [...]

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