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Once a bankruptcy case is filed, a trustee is selected to administer the debtor’s estate. One of the options available to a bankruptcy trustee is the authority to set aside or “avoid” transfers of a debtor’s assets that the trustee determines unfairly placed the asset beyond the reach of creditors. Transferring an asset to a third-party for the purpose of hiding it from creditors constitutes a “fraudulent conveyance.”...
Chapter 7 is the chapter of the Bankruptcy Code providing for "liquidation," ( i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.)...
Much has been written about the now infamous means test; Congress’ answer to the credit card lobby’s complaints that too many Americans who could afford to pay back some of their debts were allowed to file for chapter 7 bankruptcy. The means test effectively tries to divert some consumers with “above average” income into a chapter 13 repayment plan. To be sure, the means test is a complicated labrynth, best navigated with the help of a good bankruptcy attorney, however, in this post, we’ll try to take some of the mystery out of the process...
Be forewarned, the following journey through chapter 7 bankruptcy law is a bit technical, so if you are considering filing for chapter 7 bankruptcy, consult a bankruptcy attorney.
For more information, visit:
http://www.natlbankruptcy.com/how-chapter-7-bankruptcy-works/
or
This brochure details what to expect during a chapter 7 or chapter 13 bankruptcy case.
This chart by the National Consumer Law Center (NCLC) provides a summary of relief options available for borrowers facing a COVID-19 related hardship. The options that a borrower has depends on the loan investor. For loans it covers, Section 4022 of the Coronavirus Aid, Relief, and. Economic Security (CARES) Act requires forbearance for borrowers with COVID-19 hardships and some investors have expanded on those provisions.
The National Consumer Law Center, Inc. has created a free chapter on Homeowner Rights During the Covid-19 Pandemic. This Chapter covers issues such as Fannie Mae, Freddie Mac, Federal Housing Agency (FHA), VA, and USDA mortgage loans, state-based pandemic-related relief, portfolio and private label securities, and foreclosures.
This Chapter is accessible for free here: https://library.nclc.org/free-access-new-chapter-homeowner-rights-during-covid-pandemic.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
Please view our Understanding Bankruptcy Videos in Spanish (Espanol) below.
https://www.youtube.com/watch?v=iW98zHdtYEQ
Please view our Understanding Bankruptcy Video in English below.
https://www.youtube.com/watch?v=fJqjqNfpVQo
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