Category archive for ‘Protecting Your Property’ 
Where to File a Chapter 7 Bankruptcy
by Richard Stokan on 3/08/10 | 0 Comment(s)
A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy Read more>>
“What Do You Mean They Can Take My Bike?!?”
by Lori Patton on 3/06/10 | 0 Comment(s)
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call Read more>>
Why you need to file bankruptcy. . .
by Jay Jump on 3/04/10 | 1 Comment(s)
You can villify me later. For now, I need you to read and get some perspective. Pay attention because we’re going to move fast.
You need to file for bankruptcy.
Let me say it again for those of you who are still shaking your head.
YOU NEED to file for bankruptcy!
There, I gave you a little emphasis to Read more>>
Listing and Valuing Household Items
by Richard Stokan on 3/01/10 | 0 Comment(s)
Bankruptcy courts vary as to the specificity required for the description of household furnishings. Most courts are satisfied with a brief description of the types of household goods rather than an itemized list of every item. For example, a debtor can list table settings for eight instead of itemizing each plate, saucer etc… Similar groupings Read more>>
Jointly Owned Property May Be Subject To Forced Sale In Bankruptcy
by Richard Stokan on 2/15/10 | 1 Comment(s)
It is not unusual for debtors, specifically married debtors who file for bankruptcy protection separately, to co-own property. If you co-own property and intend to file for bankruptcy, you need to be aware that the trustee has the authority to force a sale of the entire asset including the co-owner(s) interest. See 11 USC 363(h). Read more>>
My Creditors Are Violating the Automatic Stay
by Jeff Herrick on 2/10/10 | 0 Comment(s)
When you file for bankruptcy, an automatic stay is issued by the Bankruptcy Court. An automatic stay is a measure put in place by the bankruptcy court to halt all actions by creditors to collect and/or obtain satisfaction of the outstanding debt even by repossession of the property. Unfortunately, some creditors do not abide by Read more>>
You have to name it to claim it!
by Jay Jump on 2/03/10 | 0 Comment(s)
I just filed a case where we listed a potential FDCPA claim in my client’s bankruptcy schedules. She had been harassed by a debt collection agent who had left an inappropriate voicemail on my client’s answering machine. It was heard by people who were beyond the scope of FDCPA communication and it was Read more>>
What Is the Rule With Homes and Bankruptcy?
by Moderator on 2/02/10 | 2 Comment(s)
There are generally two:
First, if you wish to keep your home, you’re going to have to be able to pay the mortgage. Bankruptcy can eliminate unsecured debt such as credit cards, but requires that secured debts be paid after filing if the debtor wishes to keep the colatteral (car, home, boat etc.) In some cases, Read more>>
Dangers of Unperfected Liens
by Richard Stokan on 1/18/10 | 0 Comment(s)
Liens against real property that have not been recorded or were not timely recorded, can be avoided by a Chapter 7 trustee and present a dilemma for a debtor. See 11 USC 544 and 11 USC 547(e)(2)(B). Once a case is filed, the trustee can assert power over the property of the estate. This means, Read more>>
Why It Is Important To Have An Attorney When You File Bankruptcy
by John Rogers on 1/14/10 | 0 Comment(s)
Bankruptcy Attorney Court Appearance. As this video demonstrates, there are important consequences if your bankruptcy paperwork is not completed properly, disclosing everything… also, you may have to appear in front of a judge and you will want an attorney present with you if you do !
John Rogers, Kentucky Bankruptcy Attorney
