In bankruptcy proceedings such as Chapter 7 liquidation, the debtor must often surrender certain property that is subject to a lien. However in such circumstances that property may be of paramount importance to the debtor and their continuing well-being. An example of such property would be the debtor’s automobile. Like most Americans today accomplishing your […]
Life Insurance Proceeds and Your Choice in Federal or State Exemptions
In a Chapter 7 Bankruptcy, what generally occurs is that a debtor’s assets are liquidated and the proceeds of the sale go to the repayment of their creditors. However under both Federal Law and State Law a debtor can claim a number of exemptions based on the type of assets that are being liquidated. Under […]
Significant Damages for a Violation of the Automatic Stay and Discharge Injunction
In a recent case in the Third Circuit the Bankruptcy Court ordered Commonwealth Financial Systems (CFS) to pay damages in the amount of $88,480 for violating an automatic stay and discharge injunction. 4 Years prior to the debtors filing for Chapter 7 Bankruptcy, CFS obtained a judgment for the amount of $23,307.49 against her. Following […]
Mortgage Payments and Credit Reporting After Chapter 7 Bankruptcy
After bankruptcy, you can use all the help you can get when it comes to maximizing your chances for a new loan. Don’t let your old mortgage get in the way of refinancing or getting a new loan. When you file for bankruptcy and get a discharge of your debts, you’re no longer personally liable […]