chapter 13

Means Test Does Not Require Dismissal if Chapter 13 Is Zero

12/28/10

By: Bryan Kotliar
St. John's Law Student
American Bankruptcy Institute Law Review Staff 

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What is "Lien Stripping" and Can I Use it to Reduce my Mortgage Payments

12/20/10

mortgage lien stripWith the decline in Atlanta area housing values, a seldom used bankruptcy technique has taken on new life.  The technique is called "lien stripping" and it arises from Bankruptcy Code Section 50

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Debtor Wins Big Damages in Fraudulent Conveyance Case

11/17/10
When fraudulent transfer claims arise in bankruptcy, the debtor is usually accused of being the dishonest transferor. However, in a recent case from Chief U.S. Bankruptcy Judge Ronald King, the Debtor successfully pursued a claim against her disbarred ex-husband. Galaz v. Galaz, Adv. No. 08-5043 (Bankr. W.D. Tex. 11/12/10). The opinion can be found here.
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Inside the Mind of a Bankruptcy Lawyer – Should I File and if so, Why Should I Choose Your Firm?

09/14/10

There are dozens of lawyers out there who offer to prepare and file b

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How's It Hanging?

09/03/07

The Ninth Circuit BAP has spoken on the “hanging paragraph” issue, siding with consumer lenders. Ever since the enactment of BAPCPA, some have claimed that poor legislative drafting must be read as substantially liberalizing the treatment of certain consumer loans in chapter 13.

In re Trejos, 2007 WL 2391184 (Bankr. App. 9th Cir. July 30, 2007) interprets the following language which was added to Bankruptcy Code section 1325(a) but left “hanging” without inclusion in any of its subparagraphs:

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