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Discharge in bankruptcy is good. Dismissal is generally bad. Discharge is what most debtors seek when filing their bankruptcy. Dismissal is what a debtor is generally trying to avoid.
The discharge is the injunction granted by the bankruptcy court that keeps the creditors from enforcing their rights to collect personally on the debt. More commonly, [...]
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All my bags are packed. I’m ready to go. Got my code in hand and I’m leavin on a jet plane. Don’t know when I’m coming back.
Tomorrow I leave for Tuscon and the start of another National Association of Consumer Bankruptcy Attorneys Convention. You can always tell the NACBA Lawyer when they are heading to [...]
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If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. [...]
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You just filed a bankruptcy. You thought everything was under control. Now you got a letter from the bankruptcy court. Inside that letter is a notice from the court. This notice contains all sorts of important things and you should read it.
What is in the notice? If you file a Chapter 7 Bankruptcy the notice [...]
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One day this week, I got so angry at my potential clients. I did not express this anger out loud, but I did want to reach across my desk and say YOU SHOULD HAVE COME HERE WEEKS OR MONTHS AGO. Three new clients, and all three of them, would have had much better options had [...]
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I am often asked what to I need to do to file a bankruptcy. My reply is you have taken the first step. You have contacted a bankruptcy lawyer seeking information. Only with this information can you determine if you can file bankruptcy and if bankruptcy is the right thing for you to do. I [...]
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Cars and reaffirmations were strange enough but with Household Goods things just get a little bit weirder.
Reaffirmation is the process in a Chapter 7 bankruptcy in which the debtor wishes to keep an item that secures a loan. The debtor agrees to continue to pay for the item and the creditor lets them keep it.
In [...]
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Reaffirmation is the process in a chapter 7 where the debtor agrees to re obligates themselves on a debt and the lender lets them keep the collateral. The debtor makes the payments and keeps the car etc.
Reaffirmations of cars and things with wheels are treated very differently through the country even through out certain states. [...]
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JUDGE LARRY WALTERS becomes the latest Ohio bankruptcy judge to agree that as long as you are contractually due on house you can deduct the monthly payments from the MEANS TEST even if you are surrendering the house. IN RE JANICE PHILLIPS
This is important as the more Judges sign on to this concept [...]
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Reaffirmation is the process used by an individual who has filed bankruptcy to keep their secured assets and continue to pay the secured debt.
Mortgage debt is a complicated area involving reaffirmation. it is important to review this in your state as property and foreclosure law varies from state to state. Here in Ohio it works [...]
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Reaffirmation is one of those strange part of the old bankruptcy code and the new bankruptcy code. (BAPCA) Over the next few parts I am going to talk about why reaffirmation is bit weird and a little different depending on what state and what district you are in.
Reaffirmation is the resigning of a personal [...]
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I insist that I see my clients’ credit reports before every bankruptcy I file. I prefer to see all three credit reports as they contain valuable information that can help us prepare a better bankruptcy and determine if a bankruptcy is possible. The information contained about an individual’s debts and assets on the reports are [...]
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I am often asked, “Can I transfer my car or my house to my relatives before I file bankruptcy?” The answer is very simple, NO.
It is a lot worse when clients come into my office and they have already transferred an asset (often because of bad advice.) I often have to tell people you can’t [...]
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The mortgage industry has insisted they could fix the mortgage problem. Then they convinced congress that they can fix the mortgage problem. Then the mortgage industry convinced congress that giving the Bankruptcy Judges the ability to modify first mortgages was unnecessary. Its been several months since this was a hot issue. It has now faded away [...]