May
18

Monk is not Bunk – Failure to Defend Proof of Claim means no secured lien in Chapter 13

Monk Chapter 13 Claim Secured Lien

Monk Packs a Punch! There was an interesting case out of Oregon Bankruptcy Court.  The case is Monk v. LSI Title Company of Oregon (In re Monk), 2011 WL 212381 (Bankr. D. Ore. Jan. 21, 2011). In this case a Debtor filed Chapter 13 bankruptcy.  The alleged mortgage creditor "PCFS Mortgage Company" filed a proof of claim.  The Chapter 13 Trustee was not satisfied that PCFS had a secured lien or perfected interest and therefore challenged the Proof of Claim.  PCFS failed to respond with … [Read more...]

May
03

Realty Executives, Phoenix Real Estate Firm Files Chapter 11 Bankruptcy

Arizona Chapter 7 bk lawyer discusses realty executives bankruptcy

Yes, as we have talked about, the bad economy is hitting every business and now it is Realty Executives in Phoenix filing for Chapter 11 bankruptcy Protection. You can read about the Realty Executives Chapter 11 Bk Filing here. … [Read more...]

Mar
28

What is a re-affirmation agreement in a Chapter 7 bankruptcy?

does it make sense to reaffirm you car loan in chapter 7 bankruptcy

Many people file for chapter 7 bankruptcy protection.  One thing that happens when you are in bankruptcy is the creditors may seek to get you to "re-affirm" your debts with them.  For example, your car lender or credit card company may want to see if you are interested in "re-affirming" your debt. You should realize, when you file for chapter 7 bankruptcy, you get to discharge your personal liability on most of your debt (for example, your credit cards, and your car).  This means, your … [Read more...]

Mar
28

What happens if you don’t qualify for either Chapter 7 or Chapter 13 bankruptcy?

Do I qualify for a chapter 13 or chapter 7 bankrutpy

Check before you file bankruptcy when you don't qualify! After the amendments to the bankruptcy code in 2005 ("BAPCA"), it became tougher for some people to qualify to file for bankruptcy protection.  The main reason why is there is a means test you have to be able to pass to qualify for chapter 7 (meaning you have to make less money than your state median income) and if not, you cannot file for a Chapter 7 bankruptcy absent compelling or special circumstances that overcome the … [Read more...]

Mar
28

The Bad economy hits everyone – Borders Books files Chapter 11 Bankruptcy and seeks to close stores

OLYMPUS DIGITAL CAMERA

Citing too much competition from online retailers, Broders books is the latest to file for Chapter 11 Bankruptcy protection.  Why aren't they too big to fail?  Where is their bailout?  Guess only having about 600 retail shops is not enough to get congress off their pens. You can read about the Borders Chapter 11 Filing here.  Just another sign of the times.   … [Read more...]