Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt First Circuit BAP explains what lien avoidance does and doesn’t do. Read more about Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy. Judge Name - Do not use it. Bruce A. Harwood Read more about Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors. Judge Name - Do not use it. Bruce A. Harwood Read more about Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating New Hampshire judge follows the First Circuit BAP in keeping down a buyer’s insurance premiums. Judge Name - Do not use it. Bruce A. Harwood Read more about Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating
Massachusetts Homestead Exemption Focuses on Use, Not Intention First Circuit BAP goes easy on a consumer debtor’s homestead. Judge Name - Do not use it. Bruce A. Harwood Read more about Massachusetts Homestead Exemption Focuses on Use, Not Intention
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate Foreclosing property not in the debtor's name sometimes can violate the automatic stay. Judge Name - Do not use it. Bruce A. Harwood Read more about Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate