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Bankruptcy Law

Bankruptcy Attorney Brian Barta > Bankruptcy Law (Page 2)

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 actually modify...

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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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California Senate Bill SB-308 Increases Bankruptcy Exemptions

bankruptcy laws

Bankruptcy Exemptions For Your Home On May 22, 2015 the California Senate passed a great new bill that would help Californians who file for bankruptcy protect more property, specifically equity in their homes and vehicles.  Currently, a person filing bankruptcy can protect anywhere from $100,000 up to $175,000 equity in their residence, depending on their age, marital status, and the number of people in the household.  SB 308 is a bill that was strongly supported by consumer groups and advocates that substantially increased the amount of home equity that can be protected to an across-the-board $300,000 for all debtors.  That means...

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