Bankruptcy Blog

Heir’s ability to cure mortgage arrears in a Chapter 13 bankruptcy

Author: LegalEase Solutions QUESTION PRESENTED Can an heir cure mortgage arrears in a Chapter 13 plan? SHORT ANSWER A debtor who fails to repay a mortgage faces the risk of losing his mortgaged property. Usually, repayment requires privity of contract between debtor and creditor. But courts have held that this privity of contract rule do … Continue reading “Heir’s ability to cure mortgage arrears in a Chapter 13 bankruptcy”

Credit card debt judgment memo

Author: LegalEase Solutions QUESTION PRESENTED  Can a creditor seize a husband’s share of a joint tax refund for his wife’s individual debt?  SHORT ANSWER Under Michigan law, if a creditor files a garnishment on tax refund, in the case of joint tax return, the non-obligated spouse may be able to protect his or her part … Continue reading “Credit card debt judgment memo”

Bankruptcy Chapter 7 Texas; charging order; wildcard exemption

Author: LegalEase Solutions  RESEARCH FINDINGS Wild card exemption:             Chapter 7 bankruptcy case allows the debtor to protect “exempt” assets from liquidation and sale by the trustee.  There are federal and state law exemptions to protect a debtor’s assets.  Some states permit to use only state exemptions while others allow the debtors to use federal … Continue reading “Bankruptcy Chapter 7 Texas; charging order; wildcard exemption”

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