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There are two beneficial tools in chapter 13 bankruptcies that help homeowners save their home from foreclosure. The first is called a “strip off” and the other is called a “cram down”. It is important to understand when each can be used. Many people often think that they can “cram down” any property. However, that […]

In bankruptcy proceedings, a trustee is chosen to administer the debtor’s assets which creditors have an interest in possessing. By definition, the term “fraudulent conveyance” encompasses a trustee utilizing their power to set aside or “avoid” certain transfers made to a third party by the debtor with the intent to prevent creditors from reaching the […]

A judgment is when the Court reaches a final decision at the completion of a lawsuit. There are types of income, assets or property that cannot be taken away by a creditor to pay for a judgment.  Once a judgment is entered against you, you cannot go to jail because you didn’t pay a debt […]

In a recent article published in the June 1st, 2012 edition of the Florida Bar News, the Florida Supreme Court will rule on a case that may establish new procedures for banks that voluntarily dismiss their own cases due to paperwork irregulatrities they submit in the case.  Currently, a Plaintiff (i.e. banks) can voluntarily dismiss […]

In In re McNeal, No. 11-11352, (11th Cir., May 11, 2012), the court found that once a lien is determined to be wholly unsecured under section 506(a) it may be stripped off under section 506(d), which provides “[t]o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.” […]