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What is a Judicial Lien in Bankruptcy?

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Section 101(36) of the Bankruptcy Code defines the term “judicial lien” as a lien “obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.” Both Chapter 7 and Chapter 13 bankruptcy can remove judicial liens that have been placed on your home by creditors “to the extent that it impairs an exemption”…Read more

8th Circuit Bankruptcy Appellate Panel Decision – In re: Johnson

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When a confirmed Chapter 13 plan is modified to reduce payments under 11 U.S.C. Sec. 1329(a) due to substantial change in financial circumstances, the modification must correlate to the changes in circumstance; where debtors lost $1,240 in wages and salary, they could not reduce their monthly payment from $1,890 to $100, and the bankruptcy court…Read more

Should I File Bankruptcy After a Short Sale Of My Home?

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It shouldn’t surprise you to learn that many of the people I help have had lenders foreclose on their homes. Some of them have simply walked away from the mortgage, a calculated decision to stop paying their mortgage because they owe so much more than their home is worth. Others have gotten their lenders to…Read more

The Best Thing You Can Do After You File Bankruptcy

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Once my client’s case is closed by the bankruptcy court, I hope I never see him again. The primary purpose of bankruptcy is to provide a fresh financial start, and my hope for all of my clients is that they take advantage of this new start.  That requires work on their part, and the one…Read more

Should I File Bankruptcy After Christmas?

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Bankruptcy attorneys’ phones don’t ring as much around this time of the year. I don’t have any hard and fast data to back me up, but I can think of a few reasons why people wait until the beginning of the new year to file their bankruptcy petition. First, they’re worried they’ll lose their tax…Read more

8th Circuit Bankruptcy Appellate Panel Decision – In re: Hecker

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Trustee Randall L. Seaver appeals the January 19, 2011 summary judgment of the bankruptcy court in favor of New Buffalo Auto Sales, LLC, Maurice J. Wagener, and Palladium Holdings, LLC. The bankruptcy court correctly concluded judgment holders pre-petition judgments did not constitute avoidable pre-petition transfers under Bankruptcy Code Section 547(b). Bankruptcy court erred in concluding…Read more

Are You Being Honest About How Much Debt You Owe?

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I came across an article that I wanted to share in the New York Times.  They are reporting on a new study by the Federal Reserve Bank of New York that shows that individuals are significantly underreporting how much debt they have.  According to the study, households underreport their debt by an average of one…Read more

New Colorado Median Income Numbers for November 2011

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New Colorado state median income numbers go into effect on November 1, 2011.  The numbers come from the U.S. Census Bureau. These numbers are especially important for people considering Chapter 7 bankruptcy.  Individuals who want to file Chapter 7 bankruptcy must first pass a “means test” which requires their annual income to fit within the…Read more

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