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Archive for June, 2007

Sample Motion to Avoid Lien

Friday, June 29th, 2007

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IN RE: § § Debtor § CASE NO. § Debtor(s) § MOTION TO AVOID LIEN TO THE HONORABLE JUDGE OF THIS COURT: COME NOW, Debtor(s) in the above-numbered and styled cause, and file this Motion to Avoid Lien, and would respectfully show the Court [...]

Stay Violation during Bankruptcy

Friday, June 29th, 2007

When you file for bankruptcy, a stay is in placed by federal law. What this means, is that all your creditors that were hounding you prior to filing can no longer hound you. If they continue to call after they have received notice of your case being filed, they can be pursued for a stay [...]

Leasing Property and Bankruptcy

Friday, June 29th, 2007

Many people are confused about how lease property works with these Aaron places or Rent-A-Center places. If you let your attorney know that you have some type of lease contract with one of these places and you are filing a chapter 13, you will have to continue making payments outside of your plan to the [...]

Is Furniture Secured Debt in Bankruptcy?

Friday, June 29th, 2007

This is a great question to ask and it all depends on the contract that the creditor has you sign. If it is considered a credit card installment agreement then it is going to most likely be considered unsecured. If they don’t have anything in their agreement that states that they have a purchased money [...]

Chapter 7 or Chapter 13 — Which is right for me?

Friday, June 29th, 2007

A couple I had talked to a couple months ago had decided to file a chapter 7. They are going to be having their second child so with day care they new mom would be a stay at home mom so expenses would need to change. They were going to surrender the home, the two [...]

Refinancing Home while in Bankruptcy.

Thursday, June 28th, 2007

While in bankrutpcy, many Chapter 13 debtors will inquire about refinancing home. The Chapter 13 Trustee must be provided a copy of the refinance contract that list any cash proceeds to the debtor. If approved, the Chapter 13 Trustee will send approval letter to debtor via mail to provide to refinance co. for closing. This [...]

That is not what the attorney said….

Thursday, June 28th, 2007

I have had my fair share of clients that call me to help them out and give them options of what they can do. They then argue with me to let me know “that is not what the attorney said.” I am frustrated with this line. About five of my clients have done this to [...]

Understanding Agreed Orders

Thursday, June 28th, 2007

While in Chapter 13 bankruptcy, you may fall behind on one or more of your direct payments accounts with secured creditors. Primary source of this delinquency is post petition mortgage arrears. Your mortgage company will file a Motion for Relief from Stay and this matter will generally be resolved by the signing of Agreed Order [...]

Chapter 7 or 13 Bankruptcy– Which is the best choice?

Thursday, June 28th, 2007

A couple I talked to it was a hard choice of which bankruptcy to file. The first problem was the mobile home they had bought but when they did it they tied the land they already had, to get the loan because of their credit being not in the best of shape. The mobile home [...]

Credit Cards — a reason for filing bankruptcy

Thursday, June 28th, 2007

Credit cards are a big reason people have to file a bankruptcy. You receive your first credit card while in school after receiving your student loan or open your checking account. You tell your self I can do this, meaning use it pay it. Most of us do that and for many years and the [...]

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