BankruptcyLawNetwork

Don’t Want To Reaffirm in Bankruptcy? Change The Law!

06/30/11

If you have been reading Bankruptcy Law Network recently, you would have seen various articles about reaffirmations.  What they are, what they do, under what circumstances you should reaffirm a debt or mortgage and when you should not.  There are even some courts that say you must reaffirm a car loan in bankruptcy.  But there [...]

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Limited Emergency Efforts to Save Homes Continue

06/30/11

According to an article entitled The Soon-to-Evaporate Help for At-Risk Homeowners in 32 States in the Bucks blog of The New York Times, there still could be emergency financial aid from the federal government available for some homeowners through a program known as the Emergency Homeowners’ Loan Program.  To find out whether you might qualify [...]

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Refinancing Without Reaffirming in Bankruptcy?

06/30/11

When you file Chapter 7 bankruptcy, one option you have is to reaffirm your mortgage.  Do you have to reaffirm in order to refinance later?  Of course not, but your lender may try to tell you otherwise. Other articles here discuss the actual process of reaffirming a debt.  And the pros and cons of doing [...]

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Is Chapter 13 Becoming The New Debtor’s Prison?

06/29/11

Before I begin my rant on Chapter 13 and the way I see things turning against some debtors ( not all debtors), I would like to start by saying that I honestly believe that Consumer Bankruptcy is Financial Planning for the Future.  Also, I still believe in the concepts of a “Fresh Start” and the [...]

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Los Angeles Dodgers File Chapter 11 Bankruptcy

06/27/11

The L.A. Dodgers baseball franchise filed for bankruptcy protection today. After a search, I think this is the only place on the “free internet” that the Los Angeles Dodgers’ Bankruptcy Petition can be viewed in its entirety. The list of largest creditors is interesting because it includes many of the Dodger players, including former Red [...]

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Why Have Bankruptcy Filings Gone Down?

06/27/11

chart of filings nationally Fewer people have filed bankruptcy petitions so far in 2011 than they did in 2010.  Last year there were over 1.5 million bankruptcies filed in the United States.  In the first quarter of 2011 there were 6% fewer cases filed than there were in the first quarter last year.  In March [...]

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I Heard Chapter 13 Payments Are Too High

06/25/11

Bankruptcy is about providing relief to folks who can’t really afford their debts anymore.  But we often hear from folks who have heard that Chapter 13 can’t help because they won’t have any money left over to live on.  Like many rumors, this one is usually not true. Bankruptcy is one of the most common [...]

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Bankruptcy is NOT for Liars, Cheats, Crooks

06/24/11

  Bankruptcy is not for liars, cheats and crooks. Debt discharge is reserved for honest, but unfortunate, debtors who need a fresh start in life. If you do not want to come clean and make a full and honest disclosure of all your financial affairs, bankruptcy is not for you. Only people who tell all [...]

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Debtors Say Yes!! Trustee Says No!! Creditor Says Maybe? Court’s Decision? No reaffirmation of a lease in Chapter 7 Bankruptcy!

06/23/11

My colleague, Kurt O’Keefe, of Michigan, recently wrote regarding the difference between reaffirming a lease and reaffirming a secured loan on a vehicle.  He stated throughout his article that a lease was a different type of animal – neither secured or unsecured and a lease can be assumed or rejected.   His final point was that [...]

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Repossession of Vehicle Allowed by Court after Chaper 7 Discharge without Reaffirmation

06/22/11

The Kansas Supreme Court recently ruled in Hall v. Ford Motor Credit Co. LLC, that a debtor’s failure to reaffirm a debt secured by his pick-up truck during his Chapter 7 bankruptcy constituted a default of his loan with Ford Motor Credit.  The court found that the debtor’s Chapter 7 discharge significantly impaired the secured [...]

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