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Can an individual be held liable for post separation debts incurred by the other spouse?

Yes. Debts are the same as negative assets, and the presumptive date for dividing a marital estate is the date of your pretrial, which is often many months after separation. There are two exceptions, which is that the parties can agree on a…
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Creditors are trying to garnish my wages, how can I prevent this from happening?

Filing bankruptcy is the short (and best) answer. Of course, sometimes creditors will threaten to garnish, but they can only do so if they have gotten a judgment, and know where you work. So if that’s the case, you are running out of time. If…

If I file chapter 7 or 13 will this stop the judgments that have been filed against me by creditors?

A bankruptcy filing stops collection, and the discharge makes judgments void, but they will stay on your credit report for 10 years from when the judgment was entered.  There is an additional procedure you can go through under state law, after…

Can I refinance or get a mortgage after bankruptcy?

Can I refinance or get a mortgage after bankruptcy? In general, it takes two to four years after a bankruptcy to qualify for another mortgage or refinance (although HAMP loan modifications can usually take place even while you are in bankruptcy).…

Bankruptcy Judge shuts down Ed Jonak Bankruptcy Petition preparation service

Bankruptcy Judge shuts down Ed Jonak Bankruptcy Petition preparation service A case of great interest to bankruptcy filers and practitioners was recently decided by Bankruptcy Judge Gregory Kishel. Upon motion of the United States Trustee, and…
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How long after a bankruptcy does it take to qualify for a mortgage?

The answer is “it depends”.  It depends on what type of mortgage you are seeking, which chapter of bankruptcy, and perhaps most importantly, it depends on what the underwriting requirements are at the time you are actually seeking a mortgage. …
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Minnesota Requires Strict Compliance in Foreclosure Proceedings

In a decision issued last month, the Minnesota Supreme Court invalidated a foreclosure, on the grounds that “substantial compliance” is insufficient to proceed by foreclosure by advertisement (which is not supervised by the court).  Rather,…
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How to Maximize Your Time in a House That is Going into Foreclosure by Filing Chapter 7 Bankruptcy

Part 4 in a series on how we help people in underwater homes When I talk to someone who is going into foreclosure, I ask them if they want to save their house, and 9 out of 10 people say “yes.” So usually the best way to do that is by way…
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Divorce or bankruptcy. What should I do first?

A common question indeed, although there is not a one-size-fits-all answer. I have lectured on this topic several times among my colleagues. As a general rule, if there are joint debts, a spirit of cooperation and a joint goal in getting those…
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How to save your house with a chapter 13 bankruptcy

Part 3 in a series of how to save your house When a person who is behind on their mortgage payments calls me, I go through a hierarchy of questions: A. Do you want to save your house? B. Can you afford your mortgage payments? C. Have you tried…