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Search Results for: foreclosure

What Makes a Simple Chapter 7 Case

August 21, 2017 by Chris Kane

A simple Chapter 7 case 1) protects you from all collections, 2) discharges all your debts, 3) lets you keep or surrender collateral and 4) keep all your other assets.     Chapter 7 Is the Most Common Kind of Bankruptcy Consumers file significantly more Chapter 7 bankruptcy cases than ... Read More »

Filed Under: Chapter 7 Tagged With: automatic stay, discharge of debts, property exemptions, reaffirmation, surrender of vehicle, surrendering home

Protection from Creditors through the Automatic Stay

July 31, 2017 by Chris Kane

The moment you file bankruptcy you and your property are protected from almost all collection attempts by your creditors.    The part of federal bankruptcy law called the “automatic stay” protects you from your creditors during a bankruptcy case. The Law on Automatic Stay The ... Read More »

Filed Under: Automatic Stay Tagged With: Foreclosure, lawsuit, repossession, stopping eviction, stopping repossession, vehicle repossession

Escaping a Chapter 13 Case Filed Jointly with Your Spouse

June 19, 2017 by Chris Kane

If you filed a Chapter 13 adjustment of debts case jointly with your spouse but are now considering divorce, how do you get out of the case?    When a Chapter 13 Case Outlasts a Marriage A Chapter 13 “adjustment of debts” case usually lasts three to five years. A lot can happen in that time. If ... Read More »

Filed Under: Bankruptcy And Divorce Tagged With: conflict of interest, conversion to Chapter 7, discharge debts, dismissing a case, severing case, severing Chapter 13 case

Chapter 13’s Tools for Your Home Mortgage

April 10, 2017 by Chris Kane

Chapter 13 gives you many tools to help you manage your home mortgage. Chapter 7 vs. Chapter 13 in General Chapter 7 “straight bankruptcy” and Chapter 13 “adjustment of debts” give you two very different ways of attacking your debts. This includes your home mortgage. Chapter ... Read More »

Filed Under: Home Mortgage Tagged With: automatic stay, judgment lien removal, mortgage, mortgage arrearage, mortgage lenders, second mortgage stripping

Chapter 7 if You’re Behind on Your Home or Vehicle

March 20, 2017 by Chris Kane

Chapter 7 may or may not give you enough help if you are behind on your home mortgage and/or vehicle loan.   Last week we got into two possible complications for Chapter 7 cases: if you have relatively high income, or if you have non-exempt assets—those that are not protected from ... Read More »

Filed Under: Secured Debts Tagged With: Foreclosure, home mortgage, home mortgage arrearage, reaffirmation, vehicle loan, vehicle repossession

Chapter 7 vs. Chapter 13 and Your Home Mortgage

February 20, 2017 by Chris Kane

Here are 7 ways filing a Chapter 7 case can help you deal with your home lender and 8 ways filing a Chapter 13 one can.    If you’re buying a home, your mortgage and other related debts are probably your biggest and most important ones. So it’s no surprise that the choice ... Read More »

Filed Under: Chapter 13, Chapter 7, Mortgages Tagged With: child and spousal support liens, contractor's lien, judgment liens, mortgage arrearage, mortgage lenders, tax liens

When File a “Chapter 20”?

December 12, 2016 by Chris Kane

If you need more help on payment terms with debts that can’t be discharged, filing Chapter 13 right after Chapter 7 may be your best option.   Last week we introduced the so-called “Chapter 20”—filing a Chapter 13 case right after completing a Chapter 7 one. The focus ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: Chapter 13 plan, Chapter 20, conversion to Chapter 13, discharge debts, nondischargeability, priority debts

Be Careful About a Recently Dismissed Bankruptcy Case

September 19, 2016 by Chris Kane

Don’t get tripped up in a rule designed to prevent bankruptcy abuse.   Don’t Lose the Precious “Automatic Stay” One of the most important benefits you get from filing bankruptcy is protection from your creditors. That legal protection is called the “automatic ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: automatic stay, dismissal of case, good faith, prior bankruptcy case, serial bankruptcy filings, serial filer

Chapter 7 Can . . . Help You Close Your Business But Keep Business Assets

August 22, 2016 by Chris Kane

Protect your business assets right away with the “automatic stay,” and then permanently with property exemptions.   Often, by the time you are ready to file a personal bankruptcy, your business has no meaningful assets that you could sell. That simplifies your situation because then ... Read More »

Filed Under: Business, Chapter 7 Tagged With: business assets, business collateral, business debts, business disputes, business fraud, business taxes

Chapter 7 Bankruptcy Can . . . Help You Walk Away from Your Business

July 18, 2016 by Chris Kane

Closing down a failing business can be much easier and safer with the benefits of a Chapter 7 “straight bankruptcy” case.   Closing down a failing business can be a very challenging and stressful task. Most likely you have a bunch of creditors beating at your door to get paid. ... Read More »

Filed Under: Business Tagged With: asset Chapter 7 case, asset protection, business assets, business debts, business taxes, Chapter 7

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