Lien Stripping: Getting Rid of Second Mortgages in Chapter 13 Bankruptcy

Debtors in Chapter 13 bankruptcies often have more than one loan on a single home. Especially since the Great Recession of 2008, it’s common for the house to be worth less than what is owed, also known as known as being “underwater.”

Bankruptcy law allows a way for debtors to get rid of a junior mortgage, while keeping the house. This is done by filing a “lien stripping” motion in bankruptcy court, which can lead to the junior loan going away after completion of a repayment plan, potentially saving thousands of dollars.

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Small Business Bankruptcy Options

If you are a business owner and your business is struggling financially in this difficult economic climate, you should speak to an experienced bankruptcy attorney to review your options.

The first question a bankruptcy attorney will ask you is: How is your business organized? Are you a sole proprietorship (you file a Schedule C for the business on your personal taxes), a Corporation, an LLC or a Partnership?

If your business is organized as a Corporation, an LLC or a Partnership, these types of corporate forms are considered “a person” or separate “legal entities” that would file bankruptcy in their own name, not your individual name. These entities may file either a Chapter 7 bankruptcy (called a liquidation) or a Chapter 11 bankruptcy (called a reorganization).

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Chapter 13 Bankruptcy: Personal Debt Reorganization

Financial distress can come from many situations.

Whether it is trouble stemming from job loss, divorce, medical emergency, or something else, personal bankruptcy provides a legal and acceptable method to get out of debt and get a fresh start.

Folks often want to learn more about their options through bankruptcy. They have typically heard about Chapter 7 and Chapter 13, but are not sure about the difference between the two. Through a detailed, personalized consultation, we will examine your finances and determine your best option.

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Chapter 7 Bankruptcy: Total Liquidation

If you are facing out-of-control debt, it is wise to immediately seek the counsel of an experienced bankruptcy lawyer.

Whether it is trouble stemming from job loss, divorce, medical emergency or something else, personal bankruptcy provides a legal and acceptable method to get out of debt and get a fresh start.

Folks often want to learn more about their options through bankruptcy. They have typically heard about Chapter 7 and Chapter 13, but are not sure about the difference between the two. Through a detailed, personalized consultation, we will examine your finances and determine your best option.

You don’t need to continue drowning in debt. We can throw you a life preserver!

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