Ten

Ten years ago this month the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became effective. The act was designed to make filing bankruptcy more difficult by requiring filers to provide more information to court trustees that supervise the process and by installing a mathematical formula to keep higher income debtors out of chapter 7.

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Owning a home can be a burden, especially for those who wish to surrender a property the bank does not want.  Frequently the homeowner has vacated the premises and the property sits unoccupied for months or even years.   These “Zombie” homes impose significant burdens for debtors, even after a bankruptcy is completed and the underlying

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Over the past few years we have been hearing stories of phony legal documents used by foreclosure firms.  As a bankruptcy attorney I receive a lot of literature about how banks have “lost” thousands of mortgage documents and that many of the foreclosures conducted in the country are illegal since there is no written proof

One of the most significant powers of a Chapter 13 bankruptcy is the power to strip off a wholly unsecured second mortgage lien.  If your home is worth less than the amount of the first mortgage balance, you may be able to cancel the second mortgage lien in Chapter 13.  With the dramatic decline of

One of the most common questions asked is whether it is better to file Chapter 7 or Chapter 13.   Our firm’s position is that if you qualify for Chapter 7 and if there is little risk of your property being liquidated, then Chapter 7 is the better way to go.  The goal is to complete