Chapter 7 Bankruptcy

Debtor Argues Tax Refund Not Part of Bankruptcy Estate

03/13/12

Tax Refunds are Vulnerable in Bankruptcy We’ve said it time and again on the forum, tax refunds are the number one asset that trustees routinely take from debtors. Exemption laws in most states only go so far to protect cold hard cash and anything over and above your state’s designated exemption is fair game for [...]

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IRS Sanctioned for Willful Violation of Discharge Order

03/01/12

When Creditors Ignore the Bankruptcy Discharge Creditors who attempt to collect on debts that have been discharged in bankruptcy often find themselves in serious hot water with the Bankruptcy Court.  Bankruptcy judges take the discharge order very seriously and will dish out punishment to those who ignore its prohibitions against continued collection efforts. As Nebraska [...]

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How to Pay Down Credit Card Debt and Avoid Bankruptcy

02/29/12

Follow These Steps to Pay Down Your Credit Card Debt Perhaps like many Americans your New Year’s resolution involves paying down credit card debt. After all, even the most ardent supporter of the plastic hears that little voice in the back of their head “credit card interest rates are a huge ripoff, I shouldn’t use [...]

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Court Rules Collection Letter to Deceased Co-Borrower Did Not Violate Automatic Stay

02/29/12

Bankruptcy Debtors Shielded From Collection Activity If you’ve spent any time reading National Bankruptcy Forum, you know that once a bankruptcy case is filed creditors are prohibited from contacting the debtor. Thanks to a powerful court-ordered injunction known as the automatic stay, consumers who elect to file for bankruptcy are given an opportunity to catch [...]

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Reaffirmation Agreements for Multiple Mortgages Approved by Ohio Court

02/29/12

Reaffirmation Agreements in Bankruptcy Although most consumers file bankruptcy, eliminate their debts and don’t look back, some find it more convenient to keep paying on loans that were in place prior to their bankruptcy. Some go as far as to renew their obligation to pay loans that would have been discharged in bankruptcy. This is [...]

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Bankruptcy Checklist

02/23/12

As a Dallas bankruptcy lawyer I get many clients who are confused by the bankruptcy process. While it isn’t meant to be inherently difficult, many people make mistakes prior to even filing that could jeopardize the success of their case. I like to sit down with my clients and review the following information to better [...]

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Bankruptcy When You Are Judgment-Proof

02/17/12

A person is judgment proof when under the laws of their state, a judgment creditor (lawsuit plaintiff) has no practical ability to force payment of the judgment. In North Carolina, which does not have generally available wage garnishment statutes, a judgment debtor is effectively judgment proof if all of his or her property can be [...]

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Alternatives to Mortgage Foreclosure in Montana

02/09/12

“A full-fledged recovery in the housing sector will likely elude the U.S. in 2012.” — Frank Nothaft, chief economist for mortgage-finance company Freddie Mac A rising number of foreclosures and a stagnant economy add up to another difficult year for Montana homeowners. If you are one of the thousands of Montana homeowners in danger of [...]

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Tax Refunds

02/09/12

As taxes are filed and refunds start coming in by mail and direct deposit, attorneys and consumers seeking bankruptcy protection need to lend a careful eye toward refund protection.  Many people have already spent the refund check in their mind with necessities such as car repair and receive a huge shock when the trustee demands [...]

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