In Bankruptcy, Creditor Must Prove Sufficient Fraud Facts to Have a Debt Declared Nondischargeable
Bankruptcy can offer debtors incredible relief when successful. Debtors that may have overextended themselves, but then came under hard financial times are often reluctant to file because they are highly optimistic that the can recover and return to better financial times. Often, though, the hole they find themselves in tends to get deeper. For creditors […]
KEEP READING . . .Avoid Judgments against Property in Bankruptcy (Equity not required!)
One really powerful goal that people (particularly homeowners) can try to accomplish in a bankruptcy case is “avoiding liens.” When a lien is avoided, it basically means that it’s status as a secured obligation is undone, and the result is that the balance owed is a (usually) an unsecured claim, like most credit cards or personal […]
KEEP READING . . .FORECLOSURE MODIFICATION PROGRAM ENDING SOON! ACT NOW TO TRY AND SAVE YOUR HOME!
If you or someone you know is facing foreclosure, the time to act is now. The HAMP program (Home Affordable Modification Program) is set to come to an end at the end of this year, 2016.
KEEP READING . . .If makes fraudulent transfers after a judgment is issued, does that make the debt nondischargeable in bankruptcy?
Fraudulent transfers and preference payments are some of the more regularly litigated matters within a bankruptcy case. A fraudulent transfer generally refers to a transfer of assets made by a debtor with the intent to hinder, delay or defraud the creditor. A preference generally occurs when a debtor pays one creditor more than that creditor […]
KEEP READING . . .Tax Debt is Discharged in Bankruptcy because IRS May Have Lost Tax Return!
Tax debts are one of those tricky things in bankruptcy where if everything wasn’t done right, then the debt doesn’t get discharged. The debtor has to file any missed returns. There are time periods that have to be cleared. Each tax year has to be considered on its own. In a very interesting case, a […]
KEEP READING . . .Must a debtor reaffirm a secured debt to avoid foreclosure and eviction?
The intersection between foreclosure and bankruptcy is pretty heavy. Over the last ten years, as people have resorted to bankruptcy to try and save their houses from foreclosure, plenty of interesting questions have arisen. Most commonly, if someone wanted to keep real property that they were losing in foreclosure, they would try to obtain a […]
KEEP READING . . .An Airline Pilot Tries to Get His Student Loans Discharge . . . and Loses
Student loans are a hot topic in the bankruptcy world right now. With reports indicating that student loan debt has reached staggering numbers, and is hampering graduates’ abilities to get started with life and to build wealth, its not at all surprising. There seems to be some discussion about student loan relief legislation (more than just […]
KEEP READING . . .Debtor Gets Student Loans Discharged in Bankruptcy Case!
[huge_it_video_player id=”9″] In a prior post, I reviewed a case where a husband and wife couple in Arkansas had a bankruptcy court decide that their student loans are NOT dischargeable based on the totality of their circumstances. In this post, we’ll take a look at a case where a bankruptcy court in Arkansas conducted a similar […]
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