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Personal Bankruptcy: So you thought that (expensive) limited liability...

The Wall Street Journal recently ran an article about how, when small businesses are forced to file for bankruptcy protection, the inevitable result is that it usually takes the owners down with it....

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How to File Bankruptcy: What the Federal Government Wants You to Know

I get a lot of questions about bankruptcy basics:  What’s the difference between Chapters 7, 11 and 13: What is a discharge? What can I keep?  What will I lose? Here, without fanfare or embellishment,...

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IRS Answers Some Questions on The 2007 Mortgage Forgiveness Debt Relief Act...

After letting the world flounder for a year on what the Mortgage Forgiveness Debt Relief Act actually means, and how it intends to help taxpayers wade through the issues, the IRS has finally issued...

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Vermont Trial Court continues the attacks on MERS in Mortgage Elec. Reg....

The attacks on the Mortgage Electronic Registration System (“MERS”) continues unabated at all levels.  In the case MERS v. Johnston (Rutland County Superior Court case no. 420-6-09 Rdcv) another Court...

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Chapter 13: What is it and why should you care?

Most of my clients know that I am not a fan of Chapter 13.  This is mostly because I think that it keeps people in the bankruptcy process far too long (3 to 5 years), and that as a result, makes that...

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60 Minutes Segment on Strategic Defaults

On May 9, 2010, the CBS news magazine show 60 Minutes did a segment on strategic defaults. Nothing new here, but when 60 Minutes gets its hands on something you never know where it’s going to go.

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Can you keep your house in bankruptcy?

Well, you know by now that the answer is:  It depends. If you file Chapter 7, and either are current or get current with your mortgage(s), then you can most likely keep your home.  (Assuming you don’t...

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Should you walk away from your mortgage and what happens if you do?

As this dog-tired economy continues to drag on, with no relief in sight and no bounce-back in home prices appearing anywhere on the horizon, the single question I am asked most frequently is “Should I...

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What is a Bankruptcy Petition Preparer?

This is a question I’m frequently asked, usually in the context of a prospective client seeking a way to save fees and costs in a bankruptcy filing. First, it is not a requirement that a debtor in...

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Lien Stripping in bankruptcy? Huh?

I rarely advocate That clients file Chapter 13′s because they take too long and keep them under the thumb of the bankruptcy court for (usually) five years.  So when does it make sense? It makes sense...

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