Category Archives: Bankruptcy
Mortgage and Chapter 7 Bankruptcy Question
“I bought a house with my ex-boyfriend, we both signed the promissory note and mortgage. Unfortunately, a few years later, we broke up and he deeded his half of the house to me, so I own the house 100%. I am current on my mortgage payments, but have not refinanced or paid off the… Read More »
My Client Filed Bankruptcy, How do I Collect?
Typically, we represent borrowers who want or need to file bankruptcy, but every so often we represent creditors – the people who are owed money. We are sometimes referred homeowner or condominium associations where the homeowner has unpaid assessments and has filed bankruptcy. Or, we will represent an individual who is owed money and… Read More »
What Family Law Fees can be Eliminated by Bankruptcy?
I have a pretty good social relationship with a fellow attorney who practices family law. However, despite that divorce attorneys are great referrals for me, this attorney never refers cases to me. One day, when I asked why over lunch, she said “When you file bankruptcy for my client or my client’s former spouse, I… Read More »
Should Separating Couples File Bankruptcy Before or After Divorce?
Money issues are often a contributing factor (some may say the main factor) when couples seek a divorce. However the divorce often fails to resolve the money issues, resulting in one, or sometimes both, of the divorcing couple still having more debt than they can afford to repay, even after completion of the divorce…. Read More »
How my Childhood Bully Created Yesner Law (or Why I Do What I Do)
Growing up, I dealt with books and homework, tests, and band practice. Mostly, I dealt with a bully. He was not just any bully – he was my bully and he tormented me non-stop for 9 years over a 12-year period of my life. Some of the tamer things that he would do: wrap… Read More »
Buying a New Car in Chapter 13 Reorganization Bankruptcy
Our first blog of 2018 answers a listener question: “How can I buy a new car if I’m currently in a Chapter 13 bankruptcy?” The answer is that your purchase must be approved by the Chapter 13 Trustee and the Court, and it depends on a few factors. Do you currently make a car… Read More »
Three Myths About Chapter 13 Bankruptcy
What is a Chapter 13 Bankruptcy? What do I need to know? What are some common misconceptions about Chapter 13 Bankruptcy? Last week’s blog post described four myths about Chapter 7 liquidation bankruptcy. Continuing that trend, this week’s blog contains three myths about a Chapter 13 reorganization, or payment plan, bankruptcy. The first… Read More »
Chapter 7 Myths
Many times when consulting with clients, the majority of the consultation is spent dispelling myths about bankruptcy. We’ve collected some of the most common and want to use this form to dispel some of those myths. You can also visit our YouTube page, and The Crushing Debt Podcast for additional related content. First is that… Read More »
Can I sell my house when I have an IRS lien?
Federal tax liens can be enforced against homestead property. However, in my experience, the IRS will not enforce a lien against a property with a purchase money mortgage (where the homeowner uses the loan to buy the house). If the IRS is first to be recorded first in time (like against a second mortgage… Read More »
How Does Bankruptcy Impact the Sale of a Home
When the real estate market crashed, we had clients who wanted to both sell their home and file bankruptcy and the timing of those two events was important. Today, we get the question less often, but in more cases, the house has some equity (the value of the house exceeds the amount owed to… Read More »
