Archive for the ‘bankruptcy law’ Category

Duplicate Title With Errors Not Voided In Bankruptcy If Original Is Correct

In the bankruptcy case of Hartline, James M. and Heather K.; In re the bankruptcy court ruled against the bankruptcy trustee who wanted to avoid a credit’s lien due to administrative errors.
The details of the bankruptcy case:
The debtor-husband purchased a motor vehicle on Nov. 18, 2006. The purchase was financed by the defendant who applied [...]

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I May Inherit Money Soon After My Bankruptcy Discharge, Now What?

The bankruptcy law says that if a debtor inherits money from someone who dies within 180 days of the date the debtor filed bankruptcy, that money becomes part of the bankruptcy estate even if you received a Chapter 7 bankruptcy discharge. What that means is that if you filed bankruptcy September 30, 2009 and a [...]

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Bankruptcy Court Tells Debtor: Bills Come Before Retirement

In the Chapter 7 bankruptcy case of Kunkelman, Jeffrey D.; In re, the bankruptcy court ruled that a debtor’s retirement contributions must be included in his disposable income and dismissed his Chapter 7 bankruptcy case.
The details of the bankruptcy case:
“The Chapter 7 debtor had one secured debt of $10,731 and unsecured debts of $18,628, including [...]

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Bankruptcy Debtor Allowed Homestead Exemption After Sale

In the Chapter 7 bankruptcy case of Sparks, Jeanette R.; In re, debtor is allowed to keep homestead exemption despite bankruptcy trustee’s objection; but is not allowed to exempt $514 held in a mutual fund account.
The details of the bankruptcy case:
“The 55-year-old, unemployed Chapter 7 debtor owned an interest in her home, which she claimed [...]

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Can Others Discriminate Against Me Because I Filed Bankruptcy?

Many debtors considering bankruptcy are afraid that they will miss out on opportunities due to discrimination against them.  It’s important that debtors understand that it is illegal to discriminate against anyone who has sought relief under the bankruptcy code.  A matter of fact, there is a specific section of the bankruptcy code that addresses the [...]

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Serial Bankruptcy Filer Is Banned From Filing Bankruptcy For 180 Days

In the bankruptcy case of Walker, Sedrick T.; In re, a Chapter 13 bankruptcy debtor’s case is dismissed with prejudice after the bankruptcy court determined that the debtor was attempting to abuse the system.
The details of the bankruptcy case:
The bankruptcy debtor has filed bankruptcy six times since 1994 and was filing his most recent case [...]

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What Creditors Don’t Want You To Know About Bankruptcy!

1. There is no such thing as a bankruptcy just for those who did everything right.  Let’s get this straight, bankruptcy is designed for any debtor who is drowning in debt and can no longer afford to pay his/her bills. It doesn’t matter if you made foolish decisions in the past or if you did [...]

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Can A Creditor Take Back My Italian Leather Couch During Bankruptcy?

When a debtor purchases a product with credit, the creditor has a secured interest in the property. What that means is that anything you buy with credit, including furniture, vehicles, jewelry, electronics, computers, clothes and books can be treated as a secured item during bankruptcy.  For example if you purchased a $3,000 laptop using your [...]

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Purchase Of Leased Vehicle Put A Monkey Wrench In Bankruptcy Plan

In the bankruptcy case of Smith, Philip J. and Tracy K.; In re, the bankruptcy court denied confirmation of the debtors’ plan because the purchase of a leased vehicle created a new transaction subject to the anti-modification protection.
The details of the bankruptcy case:
“On Jan. 2, 2004, the debtor-husband leased a new 2004 Toyota Sienna minivan. [...]

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Tax Return Filed Late Deemed Not Dischargeable In Bankruptcy

In the bankruptcy case of McCoy, Linda T.; In re (McCoy v. Missis­sippi State Tax Commission), the bankruptcy court deemed a Chapter 7 bankruptcy debtor’s income taxes for 1998 and 1999 nondischargeable in bankruptcy.
The bankruptcy case said:
“The debtor received a Chapter 7 discharge on Jan. 23, 2008. On Dec. 3, 2008, she filed an adversary [...]

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Bankruptcy Judge Rules Obligations To Ex-Spouse Not Dischargeable

In the bankruptcy case of Blackburn, Terry; In re (Blackburn v. Blackburn), the bankruptcy judge ruled that obligations incurred through a divorce decree was not dischargeable in bankruptcy. The judge also ruled that he did not have discretion in the matter.
The details of the bankruptcy case:
The Chapter 7 bankruptcy debtor was a 50 year old [...]

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Bankruptcy Court Rules Foreclosure Sale Valid

In the bankruptcy case of Beasley, Leonard; In re, The bankruptcy court ruled that a foreclosure sale held before the debtor’s bankruptcy filing was valid.
The details of the bankruptcy case:
“The debtor’s home was sold at a foreclosure sale held on Nov. 13, 2008. After filing for Chapter 13 relief on Feb. 9, 2009, the debtor [...]

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