Posts by David Smith
Short Sales and Deed in Lieu of Foreclosure
Foreclosure Options Outside of Bankruptcy Homeowners that can no longer afford their mortgage payments face several choices in how to deal with their debt. The options of deed in lieu of foreclosure or short sale are available to some homeowners, allowing bankruptcy to be an option of last resort. Although these options are similar, there are…
Read MoreAsset Forfeiture and Bankruptcy
Bankruptcy Can’t Stop Criminal Asset Forfeiture If you are facing asset forfeiture for a criminal act you have committed, don’t look to bankruptcy to take care of your problems. Under the well-established relation-back doctrine, the Government’s interest in property vests at the time of the offense giving rise to the forfeiture, and the property subject…
Read MoreBankruptcy and Cosigners
The Effect of Filing Bankruptcy on Cosigners Many times when a person is seeking to obtain a loan a cosigner is required. Many times these cosigners are either a friend or family member who signs a legal document or contract and promises to pay your loan in the event that you default on your payments. This cosigner becomes legally…
Read MoreFiling Time Limits in Bankruptcy
How often can I receive a discharge of debts through bankruptcy? Although you can file bankruptcy as many times as you want, you can only obtain a discharge – wiping your debts away – periodically based on what chapter you have filed. CHAPTER 7: If you have received a discharge in a Chapter 7…
Read MoreBankruptcy Basics: Watch out for Bankruptcy Crimes
When filing bankruptcy, always tell the truth! When filing for bankruptcy protection, a debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a crime. The court requires debtors to divulge all assets and debts to insure the protection of creditors. By signing your petition, you…
Read MoreWhat is a secured creditor?
“Secured Creditor“ Sounds important, maybe scary, but remember –knowledge is power. A secured creditor is a creditor with a valid mortgage or lien against the property of a debtor, such as a mortgage, home equity loan, or car loan. Property of the debtor that is encumbered by a valid mortgage or lien is called secured property. A secured…
Read MoreLien Stripping in Chapter 13
Lien Stripping in Chapter 13 : Is it For You? The process known as lien stripping is the opportunity to strip an unsecured second or third mortgage, or home equity line of credit from real property, and is one of the most beneficial aspects of filing a chapter 13 bankruptcy, as opposed to a chapter 7,…
Read MoreRebuilding Credit After Bankruptcy
Good News – Rebuilding Credit is Possible in as Little as 2 Years! Maybe you have heard it before – filing for bankruptcy ruins your credit and don’t even think about rebuilding credit for at least ten years. This is false and perhaps the most popular myth about filing bankruptcy. Credit card companies, debt consolidation companies and others, all…
Read MoreKeeping Property in Bankruptcy
Most Debtors Keep Property in Bankruptcy – Call for a free consult, (937) 318-1529 A debtor may retain and redeem certain secured personal and household property, such as household furniture, appliances and goods, wearing apparel, and tools of trade, without payment to the secured creditor, if the property is exempt and if the mortgage or…
Read MoreLast in Line: Unsecured Creditors
Unsecured Creditors and their Treatment under Chapter 7 An unsecured creditor is a creditor without a valid lien or mortgage against property of the debtor, usually credit card companies or medical debt. If the debtor has non-exempt assets, unsecured creditors may file claims with the court within 90 days after the first date set for…
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