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8th Circuit Court of Appeals takes “Lien Stripping” case under advisement

The 8th Circuit of Appeals heard arguments on Wednesday March 12 in a case involving whether wholly unsecured junior second mortgages can be stripped in chapter 13 bankruptcy. A ruling will be issued “in due course,” which will likely be…
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Can Creditors Seize My Tax Refund?

No. Private creditors cannot seize a federal tax refund, even if they have a judgment against you. The only creditors who can go after your tax refund are the IRS, student loans, certain other debts owed to the government, and child support.…

Bankruptcy Petition Preparer Continues to Defy Court Order

In a prior blog post, I mentioned Judge Kishel's order shutting down bankruptcy petition preparer Ed Jonak, who does business under a variety of aliases, including Affordable Law Center, Affordable Court Services, Action Plan Rx, Christian Discount…

What happens at a Creditor’s meeting?

After your bankruptcy case is filed, you will need to make one appearance at what is called a meeting of creditors, or 341 meeting. This is supposed to be within 20-40 days after filing, and while it’s usually pretty close to about a month,…

Will Bankruptcy Stop Repossession of a Car?

Yes. There is an automatic stay that protects you the moment your case is filed, and nobody can take your assets while the stay is in effect. But keep in mind, in a chapter 7, the ten word rule covers most of what you need to know, and that…

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).…
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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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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…
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8th Circuit dismisses appeal challenging chapter 13 lien strip

A long-awaited decision was issued last week by the 8th Circuit Court of Appeals, dismissing a chapter 13 trustee’s appeal of a decision by the 8th Circuit Bankruptcy Appellate Panel, which had noted that the concept of lien stripping is noncontroversial…
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Lien Stripping

More on the ongoing lien stripping appeal that is before the 8th Circuit Court of Appeals. A decision is expected by summer, and I expect it will be resolved in favor of homeowners. Lien Stripping Approved An appellate court has approved stripping…