Bankruptcy as Means to Keep the House

Homeowners  resort to finally seeing a bankruptcy lawyer as the road to keeping a house that’s in foreclosure. They are often not sure just how bankruptcy will accomplish this, but they are resolute that keeping the house is the centerpiece of their bankruptcy. A capable lawyer can tell the client how that might be done through […]

How Lien Stripping Differs From Lien Avoidance

The draft of a lien avoidance motion my paralegal presented me was garbled.  Lien stripping concepts sat next to a cite to §522. I doubt my staff is alone in missing the critical differences between lien stripping under (or despite) §1322 and lien avoidance pursuant to §522(f). So let’s try some compare and contrast on […]

Hammered By Rule 3002.1

To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed in 2011 and 2012 wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current Or, if they are […]

Bankruptcy Sales Free And Clear

Now that the real estate market in my area is improving, we are dusting off another of our little used skills to effect sales of property during a Chapter 13:  the sale free and clear of liens. The ability to sell property subject to disputes and continue the fight over a bank account, rather than […]