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Chapter 13 Archives

Judges Cracking Down on Paid Preparers

The Milwaukee Journal/Sentinel reported today that

Judges cracking down on paid preparers who pocket fees, overcharge clients, wreck paperwork and have botched bankruptcies! To read the remainder of the article please click here http://www.jsonline.com/watchdog/watchdogreports/bankruptcy-filings-botched-oe333mt-134731393.html

Can Same-Sex Couples File Joint Bankruptcy?

Can same-sex couples filing a joint bankruptcy? The U.S. Department of Justice announced on July 6, 2011 that it will no longer oppose joint bankruptcies filed by same-sex couples legally married in their state. This news comes close on the tails of the recent court decision in Los Angeles where 20 of 24 judges signed an opinion allowing a same-sex couple to file a joint petition for bankruptcy. That opinion declared that the federal Defense of Marriage Act (DOMA) was unconstitutional. The U.S. Trustee in Bankruptcy has agrees that DOMA will not be raised to protest joint filings by married same-sex couples. One would assume that this rule would only be applied in states where the marriages are recognized. However, it has been noted that joint filings are the rule in North Carolina so long as the couple is actually married.

Student Loans Now a Bigger Problem Than Credit Card Debt

USA Today recently published an article explaining that Americans' student loan debt, which totals approximately $850 billion, now exceeds outstanding credit card debt in the U.S., which totals approximately $828 billion.

Debtors Not Seeking The Relief They Need

Reported in the USA TODAY, dated October 13, 2011, more Americans are piling on debt and fewer are seeking counseling or bankruptcy in order to get their finances back in order. Poverty has increased, unemployment hovers around 9% and consumers have accumulated close to $19. Billion in credit card debt during the second quarter. That is up 66% from the same quarter in 2010!

Yes you can get rid of your second mortgage in bankruptcy!

If you are having problems making your second mortgage payment or home equity line of credit you may want to meet with one of our lawyers to see if we can get rid of that secondary mortgage. When you file a chapter 13 bankruptcy a bankruptcy Judge may get rid of a second mortgage or home equity loan if that mortgage is wholly unsecured. Those secondary mortgages are wholly unsecured if your home is valued at an amount equal to or less than the amount you owe on your first mortgage. As an example. You have a home worth $150,000.00 with a 1st mortgage of $155,000.00 and a 2nd mortgage of $30,000.00. In this case the 2nd mortgage company would get nothing in the event your home sold for $150,000.00 or less. For that reason a Chapter 13 judge would order the 2nd mortgage void since it is entirely or wholly unsecured.

Credit Scores and Financial Health

Karen Blumenthal recently published an article in the Wall Street Journal entitled, New Ways Bankers are Spying on You, which discusses how in these difficult economic times, banks are doing much more than simply looking at your credit score when deciding whether or not you are worth lending to.

I just received notice my wages are being garnished!

I just received notices that my wages are being garnished. Is it too late to file for bankruptcy? No, it is not too late. Filing a Chapter 7 or Chapter 13 immediately stops all collection activity including wage garnishment. Contact Miller & Miller Law Offices today to schedule a free initial consultation if your wages are being garnished.

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