By Scott Riddle Posted in Bankruptcy Basics,Chapter 7For the past couple of years one of the benefits of being in the 11th Circuit states (Georgia, Florida and Alabama) is that you could strip an unsecured junior lien from a house. These states were the only states in which this was available and it was because a higher court approved it. This all… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7,Creditor LawWhen completing Bankruptcy Schedules, we are asked to identify three categories of creditors: 1) Secured Creditors (Schedule D), 2) Unsecured Creditors (Schedule F) and 3) Priority Creditors (Schedule E). When creditors file a Proof of Claim, they have to state which category into which their claim falls. Here is a brief description of each of… Continue Reading
By Scott Riddle Posted in Chapter 7In a recent Chapter 7 case, there was a question of what happens when a secured creditor (in this case the secured home lender) does not file a Proof of Claim in the case, or otherwise participate in any way in the case. In fact, in this particular case, the debtor (inaccurately) scheduled the lender’s… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7One of the more common concepts in Bankruptcy Court, and most other courts, is that if a party does not respond or object to the relief requested by another party, the relief is deemed unopposed. Most commonly, that comes up when a defendant does not timely file an answer to a complaint and a default… Continue Reading
