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Bankruptcy Law

Stop Creditor Harassment After Bankruptcy

Stop creditors from continuing to harass after bankruptcy.

When your bankruptcy is completed and you have discharged all of your debt, it is a tremendous relief. You have a fresh start, you can rebuild credit and move on with a new financial life. It’s a great feeling. However, one thing that can really cause upset and distress is a collection attempt from a creditor that tries to collect after the case is done. A telephone call, collection letter, or worse, a lawsuit served on you can shatter the new-found sense of peace provided by the bankruptcy. Until recently, your lawyer could usually stop the prohibited collection. But making...

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Strip Second Mortgage

Strip a second mortgage

The ability to strip off a second mortgage in bankruptcy is one of the most powerful tools bankruptcy law provides. In a Chapter 13 bankruptcy you can strip off, or avoid, a second mortgage, home equity line of credit, or other junior lien and never owe a penny on that debt again. That means your obligation to pay back that second mortgage is permanently discharged, i.e. wiped out. The second mortgage lender can never try to collect from you after the Chapter 13 case is done. Also, and equally important, the lender must re-convey the second deed of trust...

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Mortgage Modification In Bankruptcy

Mortgage modifications in bankruptcy at Law Offices of Brian Barta

For several years now, at least since the real estate market downturn in 2006, homeowners have struggled to modify their underwater mortgages. Most homeowners have failed at successfully obtaining a modification because home loan lenders initially weren’t set up to do modifications. Mortgage lenders would represent to borrowers that the various programs were available, but in fact getting a modification was nearly impossible. Borrowers applied through the Keep Your Home California program, the HAMP program, the HARP program, and other government sponsored or instituted modification systems, but the lenders did not have the staff, resources, or desire to...

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Inherited IRA Retirement Account Could Be Exempt From Bankruptcy

Many people fear losing everything they own if they pursue bankruptcy, but that is not the case. As just one example, federal law generally provides for the exemption of retirement funds from bankruptcy proceedings, if the funds meet the applicable requirements under the law. This exemption may apply even if those retirement funds were inherited from a parent, as demonstrated when the United States Bankruptcy Court discussed the issue in the Chapter 7 bankruptcy case of In re Trawick. A retirement account ...

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When a Cheap Bankruptcy Attorney Isn’t Really Cheap

Perils of a cheap bankruptcy

How much does a bankruptcy cost? Well, when it comes to hiring a bankruptcy attorney, hiring the lawyer that charges the lowest fee often turns out to be an expensive and sometimes tragic mistake. Most competent and experienced bankruptcy lawyers in Sonoma County, California, charge the same fee for a given case; the fee quote may be slightly higher or lower, but good attorneys know how much time and energy a particular case will take and charge accordingly. Why do some bankruptcy attorneys in Sonoma County charge so much less than others? If you see an attorney advertising that she will do bankruptcies...

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