By Jeff Field | Published June 23, 2015 | Posted in Chapter 7 | Tagged Tags: security deeds | Leave a comment
As of June 1, 2015, the good news is the long wait is over. The bad news is the U.S. Supreme Court (“the Supremes”) ruled against the lien-stripping of junior security deeds in Chapter 7 cases. Bank of America, N.A. v. Caulkett (June 1, 2015). In so ruling, the Court relied on the same “term-by-term” reading Read More
Read MoreIs It The End Of The Line For A “Strip Off” Of A Wholly Unsecured Junior Lien By A Homeowner In A Chapter 7 Case? We should soon know. The Eleventh Circuit Court of Appeals located in Atlanta, GA is the appellate court for federal courts located in Georgia as well as those federal courts Read More
Read MoreThere are occasionally times when individuals have financial problems that cannot be entirely solved by filing a Chapter 7 or Chapter 13 bankruptcy. In these unique situations, it may be best to file a Chapter 7 bankruptcy and then immediately file a Chapter 13 bankruptcy, informally known as a “Chapter 20.” Why would you do Read More
Read MoreIn a recent bankruptcy court decision issued on 7-10-14 by the Federal Appellate Court in Atlanta, GA, it appears that debtors in Georgia who file a bankruptcy case to get a better control over their debts and to seek all of the relief the bankruptcy code allows will be allowed a huge bonus! During their bankruptcy Read More
Read MoreBankruptcy is a creature of federal law and is found in Article I, Section 8 of the U.S. Constitution which states that Congress shall have the power to “establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.” Thus, the ability to seek bankruptcy protection is a Read More
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