Blog Posts in August, 2013

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  • Should I Reaffirm My Mortgage in a Chapter 7 Bankruptcy?
    Should I Reaffirm My Mortgage in a Chapter 7 Bankruptcy?

    I get asked this question frequently. The short answer in California is “no,” but there are rare exceptions. To understand those exceptions, we need to know something about the nature of ...

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  • Will My Mortgage Servicer Continue to Automatically Take My Mortgage Payment From My Account After I File Bankruptcy?
    Will My Mortgage Servicer Continue to Automatically Take My Mortgage Payment From My Account After I File Bankruptcy?

    Many homeowners have a system with their lender where the lender automatically pulls the mortgage payment from the homeowner’s bank account. However, when a bankruptcy is filed, the automatic stay of ...

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  • Paying for Lots of Vehicles in Chapter 13 Not a Problem, Says the Ninth Circuit
    Paying for Lots of Vehicles in Chapter 13 Not a Problem, Says the Ninth Circuit

    In In re Welsh , 711 F.3d 1120 (9th Cir. 2013) , the Court decided that secured debt payments could be taken as a deduction on the Chapter 13 means test, even where those expenses might not seem ...

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  • What Happens When I Let My House Go as Part of a Bankruptcy? Do I Owe Anything Else?
    What Happens When I Let My House Go as Part of a Bankruptcy? Do I Owe Anything Else?

    When a debtor decides to surrender a house in bankruptcy, there are many considerations. First, it is important to know that there is no mechanism to actually turn over title and possession to the ...

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