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Bankruptcy.Blog

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  • Understanding Creditor Motions to Lift the Automatic Stay

    Why do creditors file motions to lift the automatic stay? Learn the common legal grounds for these requests in foreclosure and Chapter 7 bankruptcy cases.

  • Handling a Bankruptcy Dismissal: How to File a Motion to Shorten the Prejudice Period

    Learn how to refile bankruptcy after a dismissal, overcome the 180‑day bar & file a Motion to Shorten the Prejudice Period so your case can move forward.

  • Why Bankruptcy Cases Get Dismissed: The Real Reasons Behind Chapter 7 & 13 Failures

    Learn the most common bankruptcy dismissal reasons under Chapter 7 and 13. Understand procedural failures, eligibility issues, and how to avoid case dismissal.

  • Bad Faith and Serial Filings: Bankruptcy Stay Restrictions | Prof. Hernandez

    Understand the consequences of serial bankruptcy filings. Prof. Hernandez explores the bad faith standards and automatic stay restrictions under 11 U.S.C. § 362.

  • Administrative Structure: The U.S. Trustee and the Bankruptcy Case Trustees

    U.S. Trustee vs. Case Trustee: What is the difference? Learn how these roles monitor and administer bankruptcy cases.

  • Wiping Out Judicial Liens with Bankruptcy to Sell Your Home & Keep the Equity

    Selling a home with a judgment lien? Learn how to use bankruptcy to remove the lien, clear your title, and protect your home equity.

  • Facing Mortgage Foreclosure: Strategic Options and Bankruptcy Protections

    Learn your options when facing mortgage foreclosure, including refinancing, loan mods, and bankruptcy protections.

  • Removing Liens: Bankruptcy Lien Avoidance Under 11 U.S.C. § 522(f)

    Remove judgment liens in bankruptcy using 522(f). Learn how lien avoidance protects your home’s exempt equity.

  • What It Means to Be Judgment-Proof

    Learn the real difference between judgment‑proof status & the statute of limitations, and when bankruptcy protects your assets.

  • Trapped in the Bankruptcy Belt: How Soaring Equity Limits Chapter 7

    Homeowners in the Bankruptcy Belt face rising home equity, low homestead exemptions, and unaffordable Chapter 13 plans.

  • Systemic Failure and the Mortgage Crisis: An Analytical Review of Inside Job

    A bankruptcy attorney & professor analyzes Inside Job. Explore systemic failures, predatory lending, and their impact on today’s financial landscape.

  • Chapter 7 & 13: Navigating Tax Refund Asset Protections

    Don’t lose your tax refund in bankruptcy. Learn the legal strategies of timing & exemption analysis under Chapter 7 or 13 bankruptcy.

  • Who Pays for the Personal Loan in a Divorce? Equitable Distribution Explained

    Bankruptcy Attorney and Law Professor explains how personal loans and premarital debts are divided in a divorce. Learn why “equitable distribution” means the name on the loan is secondary to when the debt was incurred and how to protect your assets.

  • The Hidden Cost of Credit Reporting Errors

    Nearly 50% of credit reports contain errors. Prof. Hernandez analyzes how these inaccuracies create ‘moral character’ flags, derail professional licensure, and cause ‘last-mile’ failures in home purchases.

  • Understanding Domestic Support Obligations (DSO) in Bankruptcy: A Law Professor’s Guide

    Bankruptcy Attorney and Law Professor explains how Domestic Support Obligations (DSO)—child support and alimony—are NON-DISCHARGEABLE in Chapter 7 and Chapter 13 bankruptcy.

  • Red Lobster Files Bankruptcy

    Bankruptcy Attorney & Law Professor analyzes Red Lobster’s Chapter 11 filing. Get the critical facts on corporate reorganization, debt restructuring, location closings, and what it signals for consumers.

  • Social Security Income & Bankruptcy: Protection, Exclusions, & the Means Test

    Bankruptcy Attorney and Law Professor Prof. Hernandez explains why Social Security income is excluded from the Chapter 7 means test and how it affects your bankruptcy discharge.

  • Facing Foreclosure: Understanding Your Options and How Bankruptcy Can Help

    Facing foreclosure? Explore practical options—from deeds in lieu and loan workouts to how Chapter 7 or Chapter 13 bankruptcy can pause foreclosure and protect your home.

  • Bankruptcy Tips: Handling Omitted Creditors

    Learn what to do if you forget to list a creditor in a Chapter 7 bankruptcy filing.

  • What Happened to Dollar Tree and Family Dollar Store?

    Drastic changes in shopping habits and rising bankruptcies are affecting many businesses nationwide.