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Property of the Estate & Inherited Property
Property of the Estate & Inherited Property

11 USC 541(a) dictates that upon the filing of a bankruptcy case, an estate is created. This estate includes all legal and equitable interests of the debtor at the time of filing, and in certain instances, interests in property that arise after the filing of a bankruptcy ...

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Blog posts in Secured Creditor

  • Cramming Down a Vehicle in Chapter 13 Bankruptcy

    A Chapter 13 bankruptcy affords a debtor the opportunity to cram down certain secured debts to their actual value, not merely the principal balance ...

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  • Missing Mortgage or Association Payments During Bankruptcy

    The filing of a Chapter 13 has an interesting effect. It consolidates and reorganizes all of your personal debt into one payment to the trustee each ...

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  • Eliminating a Second Mortgage in Bankruptcy

    In today's upside down real estate market, it is quite common for prospective debtors to seek bankruptcy help in an attempt to remove a second ...

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  • Saving a Home in Chapter 13 Bankruptcy

    For a home on the brink of or in active foreclosure, the options to the homeowner(s) may seem limited. They can try a loan modification to save the ...

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  • Car Repossession and Bankruptcy

    A common preceding cause of a bankruptcy filing is a car repossession. On a basic level, a car loan is a secured debt. This means that unlike failure ...

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  • Amending the Bankruptcy Petition

    One of the more common questions debtors encounter is what to do when they discover a bill that was incurred before they filed their case, but their ...

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  • Selling Real Estate in an Active Bankruptcy

    In any bankruptcy, whether it be a Chapter 7 or Chapter 13, the issue of real estate is nearly always at the forefront. In Chapter 7 liquidations, the ...

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  • The Fair Debt Collection Practices Act, Part I

    The Fair Debt Collection Practices Act is a federal statute originally signed into law in the late 1970s that is designed to provide protection to ...

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  • Common Bankruptcy Questions, Part IV

    Continuing our discussion on common bankruptcy questions, we begin with the age-old question of whether you will ever get credit again. This answer ...

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