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Foreclosure is the action of taking possession of a mortgaged property when the mortgagor (borrower) fails to keep up with their mortgage payments. The collateral is ultimately put up for sale by the...

The chapter of bankruptcy that an individual files is extremely important. There are several different chapters of bankruptcy and each has a set of rules and laws that govern them. If the incorrect...

Adversary proceedings are separate lawsuits within a bankruptcy proceeding. Creditors who feel they were misled about a debtor’s ability to repay at the time monies were lent can file an adversary...

During an initial bankruptcy consultation it is imperative that all aspects of a potential debtor’s finances are analyzed. This analysis includes all current assets as well as any possible future...

It is crucial to fully understand how long a creditor has to collect on a debt. There are a series of laws in place that govern debt collection procedures including for example: the timeframes for...

It is important for every individual who is filing bankruptcy to consider whether they want to file their case individually or jointly, with a spouse. Only spouses can file a bankruptcy petition...

Bankruptcy can help an individual get caught up on missed child support payments (often called “arrears”). Child support is priority debt and is also generally non-dischargeable, meaning it gets paid...

Generally, a lien will pass through a bankruptcy unaffected, that is, unless it is specifically avoided. If competent bankruptcy counsel is not retained, an unsuspecting debtor may think that they...

Often, the bank will object when language is added to Part 4(c) of a Chapter 13 Plan. This section of the Plan is entitled "Surrender" and allows the debtor to surrender their interest in encumbered...

All property in which the debtor holds an interest at the commencement of bankruptcy is part of the estate pursuant to 11 U.S.C. §541(a)(1). A debtor is required to surrender to the trustee all...