Foreclosure practices under closer scrutiny

Most states provide bankruptcy exemptionsfor equity built in a family home, and these exemptions can be very useful when battling a foreclosure. However, recent scrutiny into foreclosure practices has revealed that many homeowners not only have no idea of their rights regarding bankruptcy exemptions or foreclosure, but they often do not even know who is holding their mortgages. Even when a debtor understands who holds the paper on his or her home, it is unlikely that there is much use for that information. Recent examination of several bank’s foreclosure practices reveal that previous holders of promissory notes are often initiating foreclosure when they do not technically have the right to do so. If you are facing foreclosure or bankruptcy, it may be helpful to seek experienced legal advice. There are ways to stop foreclosure proceedings and salvage your home’s equity through the protections offered by the bankruptcy code; however, it may be difficult invoke these protections without sound legal advice and help. Filing bankruptcy is a last resort for many people. However, for many people it ends up being a good way to both save their home and obtain some debt relief. It may also help you hold the creditors off… Continue reading

What happens to personal property in bankruptcy?

Individuals who are considering filing for bankruptcy may wonder what will become of their personal property. Will things like their televisions, DVD players, and computers really be repossessed and sold to pay off creditors? The answer depends on the situation. When someone files for Chapter 7 bankruptcy, also known as liquidation bankruptcy, that individual’s assets are sold to pay their debts. In exchange, the person receives relief from certain debts and a fresh financial start. Filing for bankruptcy doesn’t mean the person will lose everything, however. There are a number of bankruptcy exemptions that may apply, meaning some assets will be exempt from liquidation. In many cases, these exempt assets are enough to meet the typical person’s needs. If a person has assets that are used as collateral to secure a loan, such as a car loan or a loan to buy jewelry, those assets are not protected and may be repossessed by the lender. Exemptions depend on the particular state law and generally apply only to items that are paid in full and owned outright. New York state exemptions include things like clothing, furniture, cookware, and other necessary household items worth up to $10,000. Anything over that amount arguably… Continue reading

Protecting trust assets in bankruptcy

A New York resident who is facing overwhelming debt may turn to the bankruptcy process for relief. If the person is the beneficiary of a trust, questions are likely to arise as to whether the trust’s assets will fall within one of the bankruptcy exemptions or whether they will be lost to creditors in the bankruptcy process. While there are some options for protecting trust assets in bankruptcy, much depends on the terms of the specific trust. The survivability of a trust’s assets in bankruptcy turns largely on who maintains control of the assets. The two most basic forms of a trust are revocable trusts and irrevocable trusts. True to its name, a revocable trust may be changed or terminated by the grantor during his or her lifetime. The trust’s beneficiary does not have a legal right to the trust’s assets until the grantor’s death, at which time the trust becomes irrevocable. Accordingly, if the trust in question is revocable, its assets may be protected from a beneficiary’s bankruptcy proceeding. On the other hand, an irrevocable trust may not be modified or terminated by the grantor. Even if the trust’s beneficiary does not have the ability to immediately access the… Continue reading

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