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Category: Bankruptcy Law Archive

bankruptcy in the middle of foreclosure

Filing Bankruptcy in the Middle of a Foreclosure

If you file bankruptcy in the middle of a foreclosure, I wouldn’t be at all surprised if you thought that that would be reason enough for the foreclosure sale to be disrupted, as a technicality of sorts. Well, the easy response to that assumption is, no, it won’t, but it ...
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bankruptcy

Credit Card Debt and Bankruptcy: Will I Get Sued?

As a bankruptcy attorney, I am often asked about credit card debt. More often than I would like, however, those questions come in the style of, “How bad am I going to get sued by the collection agency?” Other variations on this topic include concerns regarding whether or not a ...
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bankruptcy

The Status of Your Home During Chapter 7 Bankruptcy

Often people are worried about losing their home when considering filing for Chapter 7 bankruptcy.  The fear of losing their home often inhibits people from filing for bankruptcy protection regardless if there is any equity in the home or not.  A bankruptcy homestead exemption is the amount of equity that ...
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bankruptcy

Filing Chapter 7 Bankruptcy on a Small Business

It is very courageous and ambitious to own a small business.  There are many risks involved.  Sometimes the risks pay off and sometimes a business owner is forced to close their doors due to financial hardship.  It may be difficult to recover the entrepreneurial spirit that you once had if ...
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bankruptcy

Bankruptcy and the State of a Deed After Divorce

It is common for one spouse to sign off on a property title during a divorce. However, creditors aren’t part of these divorce agreements, and specifically, mortgage companies are not required to take your name off the original loan. You and your ex-spouse are still both legally responsible for the ...
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bankruptcy

Bankruptcy Tips: When To File a Statement of Intention

One of the common questions associated with bankruptcy filing is WHEN to file WHAT paperwork! It’s handy to get some bankruptcy tips. There are so many different documents and they all pertain to specific situations and many have their own deadlines. One popular question is…When does the Statement of Intention ...
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bankruptcy

Personal Bankruptcy: How Does it Affect a Trust?

When a trust is thrown into the mix, a personal bankruptcy can take on a whole different appearance. First and foremost, it is essential that you are aware of who is in control of the trust assets. Although you are able to file bankruptcy on your own, having an attorney ...
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bankruptcy

Obtaining Bankruptcy Protection

When a person needs bankruptcy protection, they often cannot afford to pay their attorney for filing the bankruptcy. In such a case, one could look to their family to assist them in paying these fees so that they can receive the protection they need. There is a possibility that a ...
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bankruptcy

The 3 Worst Things to Do Before You Declare Bankruptcy

If you’ve decided to declare bankruptcy, I hope you’ve talked to a professional and you have all your ducks in a row. But if not…you may be unaware of a few very important aspects of bankruptcy. First, it’s a real legal process. You can’t just fly by the seat of ...
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bankruptcy

Who Can Collect on My Home Loans Post-Bankruptcy?

After filing for Chapter 7 bankruptcy, you receive a discharge of debt. Many who do so, continue to pay their mortgage payments (and second mortgage payments) even though they did not reaffirm the debt during their bankruptcy. This means that they did not agree to continue paying according to the ...
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