Blog Posts in June, 2007

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  • Ride-through is Still Alive, With a Twist
    Ride-through is Still Alive, With a Twist

    Before the advent of BAPCPA (2005), Chapter 7 debtors in the Ninth Circuit (which includes California) did not have to reaffirm a car loan in order to keep the car. As long as the debtor was current ...

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  • Negative Equity Does Not Count for 910 Claims
    Negative Equity Does Not Count for 910 Claims

    In In re Acaya, — B.R. —-, 2007 WL 1492475 (Bkrtcy.N.D.Cal.,2007), the Northern District of California Bankruptcy Court determined that negative equity does not qualify as “purchase money” to protect ...

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  • Kansas Case Determines that 910 Claims Are Not Entitled to Interest!
    Kansas Case Determines that 910 Claims Are Not Entitled to Interest!

    This bankruptcy case out of Kansas, In re Kinsey, states that 910 car claims are not entitled to interest, because they are not “allowed secured claims” which would otherwise be entitled to interest ...

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  • Sale While in Foreclosure Rescinded 18 months After Contract and 14 months After Close of Escrow
    Sale While in Foreclosure Rescinded 18 months After Contract and 14 months After Close of Escrow

    In this case, In re Lloyd, — B.R. —-, 2007 WL 1346553 (Bkrtcy.N.D.Cal.,2007), out of the Northern District of California, the Court held that a rescission of a home purchase contract was valid 18 ...

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