Month: May 2009

Bankruptcy Basics Part 5 Creditors’s Meeting

I hope this video dispels some apprehension about the Creditors’ Meeting. The name itself can create fear in the minds of individuals, “Creditors’ Meeting.” In general, individuals believe all of their creditors will be present at this meeting. This is rarely the case in a consumer bankruptcy. Please read this article I published relating to …

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Property of the Bankruptcy Estate – State & Federal Exemptions

A bankruptcy case is made up of the debtor’s interest in property and the debtor’s debts. Before the debtor’s bankruptcy case is filed, the debtor provides his or her attorney with information to enable the debtor’s attorney to prepare the debtor’s schedules of property, debt, income and expenses for electronically filing the debtor’s bankruptcy case. …

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Day 1 Filing Chapter 13 – Stopping the Foreclosure And Repossession

Individuals file Chapter 13 Bankruptcy for one or more reasons or a combination of factors. The higher percentage of individuals I have represented file Chapter 13 to stop a foreclosure sale by their mortgage company. Foreclosure sale proceedings are initiated by the mortgagee because the debtors were delinquent on payments to their mortgage company. Another …

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Reaffirmation Agreements In Chapter 13 Bankruptcy

I have a case where the creditor’s attorney sent me a Reaffirmation Agreement. I had never had a creditor’s attorney try to have the creditor’s debt reaffirmed. Moreover, the creditor is over-secured with a deed of trust lien on the debtors’ principle residence. I read Section 524(c)(1) of the Bankruptcy Code. Without researching the case …

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