Bankruptcy Blogs

Florida Court Approves Chapter 20 Lien Strip

05/09/12

Lien Stripping in Bankruptcy is Court Ordered Mortgage Modification One of the advantages to filing chapter 13 bankruptcy is the ability to strip an “under secured” junior mortgage lien. When a homeowner owes more on their first mortgage than their home is worth, Chapter 13 allows junior mortgages to be removed or “stripped” which has [...]

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Seventh Circuit: Attempted Murder Debts Not Dischargeable

05/09/12

The right to a bankruptcy discharge is not absolute The right to a bankruptcy discharge is not absolute. For example, debtors who fail to keep adequate records, hide assets, incurred debt based on false pretenses, rack up credit card debt in bad faith or who are generally dishonest with the court are precluded from receiving [...]

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Seventh Circuit: Attempted Murder Debts Not Dischargeable

05/09/12

The right to a bankruptcy discharge is not absolute The right to a bankruptcy discharge is not absolute. For example, debtors who fail to keep adequate records, hide assets, incurred debt based on false pretenses, rack up credit card debt in bad faith or who are generally dishonest with the court are precluded from receiving [...]

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Road to Fiscal Folly Is Paved with Good Intentions

05/09/12

We need pro-growth reforms that fix the numerous tax, expenditure and regulatory policies that undermine individual incentives, both within and outside our social welfare systems.

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Are You Playing The Mortgage Bail Out Lottery?

05/09/12

Will the government be able to provide you with mortgage relief? Maybe, but maybe not. Waiting for your mortgage lender or a government program to fix your defaulted mortgage problem or return your equity that was lost by the declining housing market? Will that be a successful strategy? Maybe and maybe not. While there certainly [...]

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Are You Playing The Mortgage Bail Out Lottery?

05/09/12

Will the government be able to provide you with mortgage relief? Maybe, but maybe not. Waiting for your mortgage lender or a government program to fix your defaulted mortgage problem or return your equity that was lost by the declining housing market? Will that be a successful strategy? Maybe and maybe not. While there certainly [...]

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The Daily Docket: Lehman Blasts Banks’ Deal With Zell

05/09/12

Lehman Brothers Holdings Inc. lashed out at Sam Zell's deal with banks to extend Zell's option to buy their remaining stake in Archstone.


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Are Liar Loans Going to Get Principal Reductions?

05/09/12

Lurking below the surface of the principal reduction debate is an ugly and messy public policy problem - namely what to do about the group of delinquent and underwater borrowers who were not truthful.

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Surrendering Your Home In Bankruptcy Doesn’t Mean It’s Not Yours

05/09/12

You walk into bankruptcy to get rid of your mortgage. You walk out still owning real estate. How’s that happen?

It’s almost a joke – when does surrender not mean surrender? It’s not a funny joke, but one nonetheless.

Here’s the tip: when you surrender property in Chapter 7 bankruptcy, you’re doing nothing more than indicating a willingness to let it go. You’re not actually handing it off to anyone.

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Will R-I-C-O Spell 'Relief' for B of A Mortgage Borrowers?

05/08/12

Louisiana has filed a RICO complaint against MERS and a host of megabanks, Bank of America included. Down the line, consumer advocates hope hard-nosed prosecutors can provide what Occupy may not be able to: justice for homeowners.

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