Supreme Court denies the ability of a Chapter 7 debtor to strip away an unsecured second mortgage

In a recent bankruptcy decision, Bank of America v. Caulkett, the Supreme Court denied a chapter 7 debtor's attempt to strip away or discharge an unsecured second mortgage in a chapter 7 bankruptcy filing.

The debtor, Mr. Caulkett, owned a house in Florida. The house was subject to a first mortgage in the amount of $183,264, the house had a fair market value of $98,000 and was subject to a second mortgage in the amount of $47,855, that was held by the Bank of America.

Open Case or Re-Opened Case: A Distinction Without a Difference

Sixth Circuit Affirms Bankruptcy Court Order Allowing Amended Exemptions Following Re-Opening of Case
In a Chapter 7 bankruptcy case, a debtor is required to file a schedule listing all of the debtor’s property. This includes cash, hard assets such as furniture and cars, as well as intangibles such as causes of action or potential causes of action. The Bankruptcy Code allows debtors to “exempt” certain types of property from the estate, enabling them to retain exempted assets post-bankruptcy.

NY Times: Judges Rebuke Limits on Wiping Out Student Loan Debt

By TARA SIEGEL BERNARD

On a typical day in her last job, Janet Roth left home at 4 a.m. each day and drove 40
miles to a tax preparation office in Glendale, Ariz. When she finally got back home,
she had less than an hour before starting her 6 p.m. shift decorating cakes at
Walmart. She worked until midnight, giving her just a few hours to sleep before
starting all over again.

Why a Fresh Financial Start Makes Sense

Can a Lender with a Mortgage Wait Too Long to Collect Their Secured Debt?

Each state has a laws that govern real property (land, house, etc) rights and duties.  These laws include how secured interests (mortgages) are perfected, foreclosures completed or the rights of various parties as to the land.  Sometimes it is confusing for lenders or property owners what laws govern.   Arizona is no different.  Once a loan is placed on real property and recorded that loan established a priority position (a place in line as to rights over other loans or liens).  That loan stays attached until either the debt is paid or a court enters a judgment removing the loan as a lien o

12 Tips to Make Your Lake Geneva Real Estate Offer Irresistible

You finally found it. Your dream home. You are ready to make an offer. What should you do to make your home offer stand out above the rest? You never know how many other offers you are competing against. If you are serious, your methods need to be serious. Below are 12 tips to make your offer to purchase irresistible.
 
Lake Geneva Real Estate Lawyer Lists Tips to Make Your Home Offer Stand Out

Alexandria Bankruptcy Court at 200 S Washington Street

Here’s the Alexandria VA Bankruptcy Hearing Room and Alexandria VA Bankruptcy Courthouse. Most people who file bankruptcy never go to the courthouse and never see the actual bankruptcy judge.  Bankruptcy initial hearings (called “the meeting of creditors”)are at 115 S Union Street.

Alexandria Bankruptcy Courthouse at 200 S Washington Street

Here’s the Alexandria VA Bankruptcy Hearing Room and Alexandria Bankruptcy Courthouse. Most people who file bankruptcy never go to the courthouse.  Most people never see the actual bankruptcy judge.  Bankruptcy initial hearings (called “the meeting of creditors”)are at 115 S Union Street.

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