Archive for the ‘Property Exemptions’ Category

A Loan’s Intention Given Consideration In Bankruptcy Case

In the Chapter 13 bankruptcy case of Cobb, Sean C. and Cathy S., the bankruptcy court agreed with a creditor that the debtor’s plan should not be approved.

The details of the bankruptcy case:
Early in September 2008, the debtor purchased a 2009 Chevrolet Malibu from a dealer. He took possession of the car on the same [...]

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Foreclosures Go Forward Despite Errors And False Statements

According to an article in the Herald Tribune, in some jurisdictions, the number of foreclosure filings filled with errors and false statements are at such a high rate, that many homeowner advocate groups are looking for ways to identify and punish attorneys who file foreclosures with false information.
The article said:
“Some of the most egregious [...]

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Marriage, Bankruptcy, and Community Property

Community property rules have positives and negatives, but if you live in Texas you have to abide by them.
When the subject of marriage and bankruptcy comes up, the next thing often mentioned is community property.  Depending upon where you live, this may or may not mean anything to you, but Texas is one of nine [...]

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What Can I Keep Under Chapter 7 Bankruptcy?

Both state and federal law provide for property exemptions–items that you can keep even after the bankruptcy process ends.

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Debtor Denied Bankruptcy Exemption For Trust

In the bankruptcy case of Lunkes, William J.; In re, the bankruptcy court denied the debtor a bankruptcy exemption for a trust left by the debtor’s father.
The details of the bankruptcy case:
“In 2002, the debtor’s father established a trust. He was the settlor, trustee and beneficiary. The debtor and his four siblings were contingent beneficiaries. [...]

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Fraudulent Transfer Voids Homestead Exemption

In the bankruptcy case of Littleton, William L.; In re, the bankruptcy court rejected the debtor’s homestead exemption.
The details of the bankruptcy case:
“The Chapter 7 debtor owned no real prop­erty when he filed for bankruptcy. He disclosed that he transferred 6.64 acres of land in Tennessee about two months prior to filing for bankruptcy. After [...]

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Getting Relief from Tax-Debt Garnishments

Most people have at least passing knowledge of wage garnishment–the process of deducting money from an employee’s monetary compensation (including salary) as a result of a court order.  Fortunately for those who find themselves in the unfortunate position of having their wages garnished, these payments are limited by federal law to 25 percent of the [...]

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Property Tax Scammers Strike Again

According to an article in the Star-Telegram, Dallas-Fort Worth senior citizens are being targeted by a company claiming that they can help them pay less in property taxes.  Many senior citizen homeowners have received very official looking papers in the mail with a Fort Worth P.O. Box asking that they send $55 for help reducing [...]

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Driven by Federal Tax Incentive — Housing Sales Surge

According to an article in the Dallas Morning News, sales of new homes surged 9.6 percent in July, an increase driven by the $8,000 federal tax incentive for buyers.
The article said:
“The Commerce Department said Wednesday that sales rose to a seasonally adjusted annual rate of 433,000 from an upwardly revised June rate of 395,000. Sales [...]

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Dallas-Fort Worth Homeowners Drowning?

According to an article in the Dallas Morning News, more than 30 percent of Dallas-Fort Worth homeowners now owe more than their property is worth and may eventually face foreclosure.
The article said:
“Negative equity continues to be the dominant driver of the mortgage market because it leads to foreclosures in the event a borrower experiences some [...]

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Mortgage Delinquency Rises by 53 Percent

According to an article in the Star-Telegram, the number of homeowners who were late making their mortgage payments shot up by 53 percent in the fourth quarter of 2008 from the same period in 2007.  The percentage of homeowners facing foreclosure was 4.58 at the end of 2008 compared to 2.99 percent in 2007 and [...]

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Dallas/Ft. Worth Home Price Declines Continue

According to an article in the Dallas Morning News, Dallas-area home prices have declined 4.1 percent in May from a year ago; but the decline has slowed compared to other cities.
The article said:
“Nationwide, the rate of home price decline is less dramatic than in recent months.
“The pace of descent in home values appears to be [...]

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