Late night comedian John Oliver recently offered his unique and humorous take on the debt buying industry, noting that collection agencies are responsible for more lawsuits than any other type of plaintiff, and that many of these lawsuits claim money ... Read full article
It’s obvious, in hindsight. If home equity is protected by a Massachusetts homestead , then a creditor should not be able to put a pre-judgment attachment lien on that home equity. (A Massachusetts homestead automatically protect $125,000 of home equity ... Read full article
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 ... Read full article
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 ... Read full article
Summary In a 28 page decision signed April 29, 2011, Judge Gross of the Delaware Bankruptcy Court determined that in order for a transfer to be considered “substantially contemporaneous” as used by Bankruptcy Code §547(c), it does not necessarily need to ... Read full article
With 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 ... Read full article
