Using Bankruptcy to Remove a Judgement Lien

Continuing the discussion in my previous blog titled “Stopping a Creditor Lawsuit”; a judgment lien is one of the remedies that a creditor may have against you if you let the creditor receive a default judgment against you.  Let me give you a typical example of this using my client,

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Stopping a Creditor Lawsuit

Many people ignore their financial situation until it becomes dire.  Once a lawsuit is filed by a creditor for nonpayment, many people think there is nothing that can be done to help their situation.  They wait around until the creditor receives a default judgment against them and they are on

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Chapter 11: It’s for Individuals Too

While Chapter 11 bankruptcy is frequently thought of as providing relief for corporations, it also provides an mechanism for individual consumers to restructure. The Supreme Court resolved the issue of eligibility for individuals to file for Chapter 11 relief when it issued its ruling in Toibb v. Radliff holding that

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Recent Survey on “Lending Climate in America”

It doesn’t really take a report for us to know what we are seeing every day, but the Q2/13 Survey Report recently published by Phoenix Management Services confirmed a “waning” optimism from that expressed by commercial lenders in 2012 and the first quarter of 2013.   Commercial lending expectations decreased, with

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Student Loan Market Exit

JP Morgan Chase recently announced that effective October 12, 2013, it will no longer make student loans.  Wells Fargo is now the ONLY major US commercial bank still making student loans.  Chase is the latest bank running for the exit doors.  Moody’s reports that during the 2011-2012 academic year, private

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Student Loan Discharge: Still an Uphill Battle?

Discharging student loans in bankruptcy has always been quite difficult under the standards that the debtor is required to prove a somewhat cost-prohibitive piece of litigation if the student lender is going to fight.  Further, each case is quite fact-specific, so your facts may be slightly different from the next

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Are you the Beneficiary of an IRA?

As the baby boomers age and pass on, an interesting issue has arisen in some bankruptcy cases:  can you claim an exemption in an IRA or other protected retirement account which you inherit?  Bankruptcy laws allow you to exempt an IRA in your name up to $1.25 million dollars.  This

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Number 3 Pet Peeve – Deposition of a Client

I’m blogging my list of deposition “pet peeves” in a series of releases.  They are not necessarily in order of importance, but rest assured, all are great learning points for a client/witness.  Many of the cases that I litigate are matters in which thousands of pages of documents are produced

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Service of Unsecured Creditors’ Committees

Official committees of unsecured creditors (Committees) serve in important function in Chapter 11 bankruptcies.  Committees preserve the rights of unsecured creditors can have a major impact on the outcome of any Chapter 11 proceeding. In each Chapter 11 case, the United States Trustee is charged with appointing a Committee and

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