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Stripping a Lien from Property

Stripping Secured Liens Warning: This aspect of bankruptcy law is complicated.  So, if you think you need to read the following a few times, you do. Bankruptcy Code section 11 USC 506(a) is used to determine the creditor’s status as a secured claim holder or unsecured...

Cautions of Surrendering Your Home

During the last 4 years, my advice to debtors wanting to surrender their homes has been filled with words of caution.  Prior to the current economic conditions, the events after a debtor surrendered a home was not complicated.  The debtor surrendered; The mortgage...

Beware of Property Transfers

In every bankruptcy interview that I conduct, I spend more time asking {and, in turn, explaining} a client if he/she has transferred and property during the last two years.  Here is an example of my efforts: “Have you sold, transferred, given away, signed over...
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