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Bankruptcy and the Military
If you are in the United States military you don’t need to worry about bankruptcy! The government created the SCRA, short for the Servicemembers’ Civil Relief Act, to provide protection against...
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Getting Your Repossessed Vehicle Back with Bankruptcy
If your vehicle or other property has been repossessed, it may be possible to get your property back when you file for bankruptcy. If you are timely and have a good attorney, the creditors can...
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Why You Must Disclose Injury Claims When You File Bankruptcy
[this post is written by guest bloggers Lex Rogerson, who is a bankruptcy lawyer in the Lexington/Columbia area of South Carolina and Russell DeMott, a Charleston, South Carolina bankruptcy attorney]....
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Congress Considers Law to Make Private Student Loans Dischargeable in Bankruptcy
Under current bankruptcy law, most types of student loans are not dischargeable in bankruptcy. Specifically, Section 523(a)(8) of the Code makes non-dischargeable: an educational benefit overpayment...
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Should You Reaffirm Your Mortgage Loan in Chapter 7?
When it works as planned, Chapter 7 serves to discharge (wipes out) your unsecured debt, while allowing you to keep most or all of your property. If you have secured debt in your Chapter 7, you...
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Gifts vs. Loans – Big Differences in Bankruptcy Court
I recently ran across an interesting blog post from Mark Markus, a bankruptcy lawyer in Los Angeles, who noted that the characterization of a your receipt of money as a gift is significantly different...
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Retirement Account Documents – Read the Fine Print
We ran across a very interesting decision by Eastern District of Tennessee bankruptcy judge Judge Richard Stair that disallowed the debtor’s claimed exemption of a $61,000+ retirement account in his...
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What are My Alternatives to Bankruptcy?
Many people ask us about alternatives to bankruptcy, so we decided to take a look on the web to see what is out there. We came across an interesting article entitled “What are my Alternatives to...
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Why Would You Choose to File a Proof of Claim on Behalf of a Creditor in Your...
When you file Chapter 13, you include in your schedules the names and addresses of all of your creditors. The Clerk of Court then mails out a notice of your filing to those creditors along with a form...
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Bankruptcy – a Legitimate Reset Button?
Any ethical bankruptcy lawyer will tell you that filing a Chapter 7 or Chapter 13 should be your last resort. It is something that needs plenty of meaningful thought and the advice of professionals who...
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