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When Legal Matters Become Personal
This week the United States Supreme Court heard oral arguments in a case involving stripping off a wholly unsecured junior mortgage in a chapter 7 case. There has been a split amongst the federal circuits, with some permitting it, but most not permitting it. There is...
First, you need to read your divorce decree. Does it contain the “magic” language, indicating that your spouse will indemnify you and hold you harmless? Regardless, one of the biggest misconceptions people have, is that divorce decrees are binding on third parties....
At the moment you file bankruptcy, your bankruptcy estate is created, and any claim that you have, including a tax refund from last year, and even a pro rata portion of the tax refund that you get next year for this year, is considered property of your bankruptcy...
January 29-30, 2015 Join us at the 2015 New Lawyer Experience featuring 25 sessions that teach you how to really practice law. Get practical advice from experienced lawyers in your field. Attend a free lunchtime session and register to win great prizes! At this...
Prior to filing for bankruptcy relief, a consumer debtor must complete an accredited course, and obtain a certificate, showing that they entered certain information with a third-party outfit. This is one of the more ludicrous provisions of the 2005 overhaul of the...
Well, if they are good tenants, and have paid on time and are continuing to pay on time, you may not need to do anything. You could certainly ask that they sign a formal assumption of the lease, which would make all of its terms enforceable. Because if you don’t do...
The Supreme Court granted certiorari in two Chapter 7 lien strip cases today. Cases are Bank of America v Toledo-Cardona and Bank of America v Caulkett. In the 11th Judicial Circuit, court have permitted chapter 7 debtors to strip wholly unsecured junior mortgages....
After your bankruptcy discharge goes through, your creditors may still appear on your credit report, although sometimes they come off of your credit report or weren’t on there in the first place. And they will go away once they are 10 years old no matter what. But...
The United States Trustee just announced that effective November 1, the median income figures will increase. The median income is the figure that half of the people with that household size are above it, and half are below. Debtors who are below the median income...
This is a situation which happens with surprising frequency. Many collection law firms are merely retained by collection agencies for the purpose of collecting low hanging fruit, and when a debtor requests their day in court by serving an answer, a law firm and/or...