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Category Archives: BankruptcyHow Will a First Mortgage Modification Affect Your Bankruptcy?If you are considering a Chapter 13 Bankruptcy, then receiving a first mortgage modification prior to filing your bankruptcy may be detrimental to your bankruptcy options. One of the the reasons for this is the loan modification may reduce the balance … Continue reading
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Be Careful with Debt Settlement CompaniesMany times we have met with new clients who attempted to resolve their financial problems through debt settlement companies. There are several non-lawyer operated debt settlement companies that promise you they can save you money by renegotiating your debts so you … Continue reading
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Stripping a Second Mortgage in Chapter 13 BankruptcyOne of the benefits of filing a Chapter 13 bankruptcy is that it may allow you to strip or remove the second mortgage from your primary residence. To qualify to do this the value of your home must be less … Continue reading
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Filing Chapter 13 Bankruptcy Compared to Filing Chapter 7 BankruptcyFiling a Chapter 13 bankruptcy in Florida is quite different than filing a Chapter 7 bankruptcy. A Chapter 13 bankruptcy typically takes three to five years to complete, while a Chapter 7 bankruptcy typically takes about four months to complete. … Continue reading
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Filing Chapter 7 BankruptcyFiling Chapter 7 Bankruptcy The procedures and deadlines for filing Chapter 7 bankruptcy are typically confusing for someone without proper legal training and experience. A Chapter 7 bankruptcy attorney can keep you advised as he or she files any papers or statements that … Continue reading
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Introduction to Chapter 11 BankruptcyYou may have heard a news report about a company that has emerged from Chapter 11 so that it can continue doing business. Similarly, you may have read about how a financially troubled company proposes, in its Chapter 11 reorganization … Continue reading
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Conversion and Dismissal of a Chapter 12 CaseChapter 12 specifically provides that a debtor may voluntarily convert a Chapter 12 bankruptcy case to a Chapter 7 bankruptcy or dismiss the case at any time. Creditors, however, may not seek the involuntary conversion of a debtor's Chapter 12 … Continue reading
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Adversary ProceedingsUnder Bankruptcy Rules, an adversary proceeding may be filed in a debtor's bankruptcy action for certain specific reasons. Creditors may initiate adversary proceedings to determine the validity or priority of a lien, to determine the validity of a debt, to … Continue reading
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Chapter 12 Hardship DischargeA family farmer may be excused from completing payments under a plan of reorganization if payments under the plan are not completed due to circumstances for which the family farmer cannot be held accountable and other statutory criteria have been … Continue reading
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Securities Investor Protection ActThe Securities Investor Protection Act (SIPA) was designed to create a new form of liquidation proceeding. SIPA created the Securities Investor Protection Corporation (SIPC), a nonprofit, private membership corporation to which most registered brokers and dealers are required to belong. … Continue reading
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