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  • Can Second Mortgages be Stripped in Chapter 7 Bankruptcy?

    Can Second Mortgages be Stripped in Chapter 7 Bankruptcy?

    Call: 888-297-6203

    As per the latest ruling by the Eleventh Circuit Court of Appeals, second mortgages can be stripped off in a Chapter 7 bankruptcy case. Lawyers of Los Angeles based bankruptcy law firm Recovery Law Group say, this means that if the amount on 1st mortgage is more than the current market value of the home, the 2nd mortgage is considered as good as unsecured and therefore can be discharged as other unsecured debts are discharged in a chapter 7 bankruptcy. Earlier, this discharging of second mortgage was possible only in case of Chapter 13 bankruptcy cases as 11 USC §506(d) did not apply in case of Chapter 7 cases. The ruling of Supreme Court was modified by the Court of Appeals as despite Supreme Court saying that §506 didn’t apply in Chapter 7 in case of partially secured “cram down” of any bankruptcy filer’s main residential property, this opinion of Supreme Court does not mention any other ways in which it could be applied in a Chapter 7 case.

    Sooner or later, a petition will be filed in the Supreme Court regarding whether the statute of discharging second mortgages in case of primary mortgage being higher than current market value of property can be applied in case of Chapter 7 bankruptcy case. However, till this happens, people can protect themselves by getting rid of additional loans. In case you need assistance from best legal minds, you can call 888-297-6023 to discuss your case with experienced bankruptcy lawyers.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Tips to Rebuild Credit Score After Bankruptcy

      Tips to Rebuild Credit Score After Bankruptcy

      Call: 888-297-6203

      Bankruptcy has earned a bad name because it causes a big dent to your credit report, which many people fear is irreparable. However, Dallas based bankruptcy law firm Recovery Law Group say, nothing can be further from the truth. Bankruptcy does have negative effects which make people vary of filing for bankruptcy despite struggling with debts. Bankruptcy appears on your credit report and stays for 7-10 years depending on which chapter of bankruptcy you have opted. This may alert prospective creditors of your financial situation. However, if you think you won’t get any credit for this duration, you are wrong. With a few simple steps, you can start building your credit score, eventually getting a good score in as less as 2-3 years after a bankruptcy discharge.

      • Opt for secured credit card

      Once you are through with your bankruptcy discharge, you will have the option of secured as well as unsecured credit cards. Prefer a secured card with a limited balance. You can use it to pay for essentials like utility etc. While choosing from the numerous options of credit cards available, look for those which have low-interest rate and annual fees. Generally secured credit cards provide you these options.

      • Pay your bills on time

      Paying due bills on time is an excellent way to improve your credit score. You need to make sure that not just credit card bills, but also other bills are also paid on time as any late payment will affect your credit report negatively.

      • Live within a stipulated budget

      People can change their habits. It is important that you learn from your past mistakes, let go of your bad habits and develop new ones that include designing a budget and living within it.

      • Apply for limited credit

      Remember that lots of credit cards and unlimited credit amount landed you with bankruptcy. Therefore, always limit your credit in order to avoid the vicious cycle of debt and bankruptcy. before applying for any new credit, ask yourself whether you need it or not. additionally, do proper research before taking any new credit.

      Rebuilding your credit score is not as difficult as predicted if you are determined to go through with it. Keeping your goals in mind, it is vital that you go in the right direction. Experienced bankruptcy lawyers at 888-297-6023 can help you with different aspects of bankruptcy as well as credit building initiatives.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • Automatic Stay Stops Creditors in Their Tracks

        Automatic Stay Stops Creditors in Their Tracks

        Call: 888-297-6203

        When you have fallen behind on your dues, there is no way of preventing the threatening actions of creditors. You will end up facing harassing phone calls and threatening emails seeking legal action against you. Dallas based bankruptcy law firm Recovery Law Group, say that filing for bankruptcy can be the best way to not just get rid of this nuisance but also of a large amount of unsecured debts which are holding you back.

        Once you file for bankruptcy, the court orders the automatic stay order to be served to all the creditors listed in your bankruptcy papers. Once the creditors are served with the order, they cannot continue with the collection efforts. Violation of the automatic stay is a punishable offense and for a change, the creditors will be at the receiving end if they try to contact you.

        Know more about automatic stay benefits:

        It is the first order that is issued by the bankruptcy court when you file your bankruptcy petition. The automatic stay is immediately placed into effect and remains for the entire duration of your bankruptcy case. With automatic stay in place, you are assured that your secured and unsecured creditors cannot initiate any type of collection actions. This means that your property cannot be repossessed, foreclosed or your wages garnished.

        It is also important to realize that since criminal restitution, domestic support and certain property taxes are priority debts and therefore cannot be discharged in bankruptcy, the automatic stay cannot offer protection against them. This order is permanent for all debts which were included in bankruptcy and received a discharge through it. However, if a creditor gets a court order to lift the automatic stay, the protection won’t be accorded.

        Having a bankruptcy lawyer can make things easier for you. If you haven’t hired one, you can schedule an appointment with experienced bankruptcy lawyers to discuss your case by calling 888-297-6023.

      • What Are the Most Common Questions People Ask About Bankruptcy?

        What Are the Most Common Questions People Ask About Bankruptcy?

        Call: 888-297-6203

        When you are left with no other option apart from bankruptcy, people are worried sick because of the myths surrounding bankruptcy. Since most of these myths are bogus, having no relation to the truth, it is important that you discuss this issue with people who are well versed with the facts. Discussing your worst fears about bankruptcy with able lawyers of Dallas based bankruptcy law firm Recovery Law Group, can open your eyes to the fact that bankruptcy can actually do you more good than you ever imagined.

        Here are some questions that can settle your doubts:

        1. What to do if I cannot afford to file for bankruptcy?

        You are expected to pay the bankruptcy filing fee when you file your petition in court. The Chapter 7 bankruptcy filing fees is $306 and that for Chapter 13 bankruptcy is $281. Generally, people who file for bankruptcy have run out of other options. Paying the filing fees might not be possible for them. The court offers a grace period of 120 days to deposit the fees. If you cannot manage it to pay this amount, you can ask for a waiver, which will exempt you from paying any fees.

        1. Can my employer find out about my bankruptcy petition?

        Bankruptcy is mentioned in court records and your credit report. If your employer accesses your credit report they can come to know about your bankruptcy. Another way through which they can know about your bankruptcy is if you were facing wage garnishment and it ceased due to automatic stay provision of bankruptcy. Otherwise, there is no way of them becoming aware of your bankruptcy filing. You should be relieved as you cannot be discriminated based on your bankruptcy, thanks to laws which prevent so.

        1. Will my credit be ruined forever?

        Bankruptcy is mentioned on your credit report for a duration of 7-10 years depending on which bankruptcy chapter you filed in. This makes getting credit a bit difficult. However, it is bad credit, thanks to missed payments and high debt balance, that harms your credit more than bankruptcy. In fact, bankruptcy wipes all bad credit and shows only any good credits you have, which results in a better credit score.

        1. Can I protect my funds?

        State and federal government offer you various exemptions through which you can protect your funds. Generally, when you file for bankruptcy, unemployment benefits, retirement funds, disability or survivor benefits and insurance policies are exempted from being used to pay your creditors.

        In case you have any doubts regarding bankruptcy, you can call 888-297-6023 to discuss them with experienced bankruptcy lawyers.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • Warning Signs That Suggest You Should Consider Filing for Bankruptcy

          Warning Signs That Suggest You Should Consider Filing for Bankruptcy

          Call: 888-297-6203

          For an individual or a business, filing for bankruptcy is probably a stigma that will ruin their credit history and personal name for a long time to come. However, if you could keep your emotions in check, Dallas based bankruptcy law firm Recovery Law Group, says, bankruptcy is probably the wisest decision one could make to take control of struggling finances. It is often difficult to be objective when it comes to the personal economy, therefore, here are a few warning signs that you should consult professionals for seeking advice regarding bankruptcy:

          1. You are finding it difficult to get out of debt

          Unable to pay debts may result in you borrowing money, which will further add to your debts. It is a never-ending vicious cycle which keeps on adding the interest rate. If you find the situation somewhat familiar, it is time for you to seek the guidance of a bankruptcy lawyer. Expert advice is available from experienced bankruptcy lawyers at 888-297-6023 regarding how to use bankruptcy to make a fresh financial start.

          1. Retirement funds are being reduced

          Many people think that using their retirement fund to get rid of debts is a way to avoid bankruptcy; well, they couldn’t be more wrong! Digging into your retirement funds puts your future in the dark while not exactly lifting your present from the darkness of debt. Bankruptcy lawyers will enlighten you to the fact that most unsecured debts get discharged during bankruptcy while your retirement accounts are exempted from being used to pay your creditors. Thus, you are harming your present and future by using retirement funds for fending off creditors unsuccessfully.

          1. A lawsuit is not far away

          If you are unable to pay your loans, creditors might be forced to file a lawsuit against you. With numerous problems, this is something that you cannot afford. Filing for bankruptcy will not only put a hold to such a lawsuit but also other collection actions like threatening phone calls, repossession, foreclosure, and wage garnishment.

          1. Your family is at risk

          Sometimes, creditors can go after other members of your family, like spouse or parents. If this is something that you have experienced, it is time to consult with lawyers about which chapter of bankruptcy would be ideal in your case.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Is Personal Information Revealed During Bankruptcy?

            Is Personal Information Revealed During Bankruptcy?

            Call: 888-297-6203

            Unable to meet financial commitment is a cause of embarrassment for most people. Majority of them choose to file for bankruptcy to get rid of debts and often avoid letting the news of their bankruptcy out. Many times, they don’t even discuss these issues with their closest friends. Thus, disclosing it to employers or landlord etc. is out of the question. While filing for bankruptcy, a lot of personal information is shared, and this is a major cause of worry for them. Since bankruptcy filing is public information, people are worried as to what happens to the personal information when they file for bankruptcy. Moreover, since disclosing of probable bankruptcy can have an adverse effect on their job, their worry is genuine.

            According to Los Angeles based bankruptcy law firm Recovery Law Group , when you file for bankruptcy, a notice is sent to all your creditors mentioned in the bankruptcy papers. If you owe money to your landlord, and the name is listed in your papers, they will be notified of your bankruptcy. However, you don’t need to worry about other personal information supplied along with bankruptcy papers to be disclosed during the proceedings. Since your tax identification number or social insurance number is not provided in the bankruptcy papers, you don’t have to worry much.

            Bankruptcy is aimed to provide financial relief to people who have been struggling with debt. A qualified bankruptcy lawyer will ensure that not only do you get a timely discharge of debts but also that your personal information is protected. If you wish to make maximum use of bankruptcy relief options, you need to call at 888-297-6023 to speak with experienced bankruptcy lawyers Los Angeles.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Why Abiding by Chapter 13 Repayment Plan is Essential?

              Why Abiding by Chapter 13 Repayment Plan is Essential?

              Call: 888-297-6203

              Filing for bankruptcy is probably one of the worst decisions anyone must take. Admitting that you were unable to manage your finances properly can be quite humiliating. However, once you have decided to go ahead with it, you should ensure that you get a discharge for your debts. Chapter 13 bankruptcy offers debtors a chance to reorganize your debts and pay some portion of it over a period of 3-5 years through a repayment plan. The court-approved plan is an excellent way to get rid of debts and get back on track financially.

              Los Angeles based bankruptcy law firm Recovery Law Group, lawyers inform that the repayment plan is based on your disposable income. However, once the plan is approved, it is essential that bankruptcy filer ensures that payment is made to the bankruptcy trustee every month. In case, he/she is unable to follow the repayment plan, they will be facing consequences far worse than before.

              Inability to stick to the repayment plan might result in the dismissal of bankruptcy which will cause creditors to resume all sorts of collection actions (repossession, foreclosure, wage garnishment, etc.). to ensure that things remain on financial track, the debtor must follow financial restrictions and avoid making unnecessary expenses. Certain debts like child support or alimony are not discharged even after bankruptcy. Thus, the debtor must ensure that these obligations are met along with the repayment plan. Adding on new debts is something that debtors should avoid. In case, some urgent requirements arise, consulting with bankruptcy trustee is recommended.

              If, after following the plan for some time, the debtor finds it too restrictive, they can also request the court to modify the repayment plan to a more feasible one. This can be done only if the debtor shows good faith gesture to go ahead with the plan, despite facing financial difficulty.

              In case you have decided to go ahead with Chapter 13 bankruptcy, but are unaware of the finer nuances, it is important you seek consultation with experienced bankruptcy lawyers. You can call 888-297-6023 to discuss your case with qualified professionals.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Who Can File for Chapter 13 Bankruptcy?

                Who Can File for Chapter 13 Bankruptcy?

                Call: 888-297-6203

                When you realize that there is no way out of debts, bankruptcy might be the logical conclusion. Though, people prefer Chapter 7, very few manage to qualify for it. The other option for people is filing for bankruptcy under Chapter 13. However, lawyers of Dallas based bankruptcy law firm Recovery Law Group, say that it is essential that you qualify for the same.

                The eligibility criteria for Chapter 13 bankruptcy include:

                • Only individuals and not business entities can file for Chapter 13 bankruptcy.
                • If you had previously filed for a Chapter 13 or Chapter 7 bankruptcy and got a discharge, you cannot proceed with Chapter 13 bankruptcy before two years and four years respectively.
                • It is mandatory to attend credit counseling
                • There is a limit capped on your debts in case of Chapter 13 bankruptcy filing in Dallas. You should not have more than $1,010,650 secured debt and $336, 900 unsecured debt. These figures, however, change every three years factoring for inflation.
                • Filing of state and federal income tax returns is mandatory.
                • The repayment plan should include all required debts.
                • Sufficient disposable income must be present to pay the debts through the repayment plan proposed.

                In case you fulfill all the above-mentioned criterion, it is pertinent that you consult with experienced bankruptcy lawyers at888-297-6023 before pursuing the plan further.


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • Duties of a Bankruptcy Trustee in Chapter 7 Bankruptcy

                  Duties of a Bankruptcy Trustee in Chapter 7 Bankruptcy

                  Call: 888-297-6203

                  Uncertainty is something people are not comfortable with. Being in financial distress and not knowing what to do can be extremely distressing for people. There are several ways to get rid of debt, bankruptcy often being the last resort. However, once you have decided the option, there are many other things to consider. The various facets of bankruptcy can be quite confusing, primarily being the numerous proceedings associated with bankruptcy. A bankruptcy trustee is appointed to oversee the accounts in case of bankruptcy chapters. According to Los Angeles based bankruptcy law firm Recovery Law Group, a bankruptcy trustee is an unbiased person who handles your bankruptcy case.

                  Why is a trustee required?

                  When you file for bankruptcy, any property you own becomes a part of the bankruptcy estate. This is a separate entity for you and thus needs to be handled separately. To take care of it, a separate individual is appointed by the court. Different chapters of bankruptcy require different duties from the bankruptcy trustee. In the case of Chapter 7 bankruptcy, the bankruptcy trustee is involved in the liquidation of assets and distribution of the proceedings to the creditors. Various duties of a bankruptcy trustee include:

                  • Collecting of non-exempt property of the bankruptcy filer
                  • Liquidation of the non-exempt assets
                  • Distribution of the proceeds to the creditors
                  • Challenge any claims made by creditors who object to your bankruptcy filing
                  • Object to discharge of debts if certain debts are non-dischargeable

                  The role of the bankruptcy trustee is, thus, an extremely important one. Since many of the proceedings are complicated, it is advisable to have an attorney by your side. You can call 888-297-6023 to speak with experienced bankruptcy lawyers Los Angeles regarding your case.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • What to do in Case You Have an Incorrect Address on Your Credit Report?

                    What to do in Case You Have an Incorrect Address on Your Credit Report?

                    Call: 888-297-6203

                    Being in debt can send anyone in a tizzy. You might not be aware of how many documents you are required to fill and submit in order to file for bankruptcy. When you file for bankruptcy, you are expected to list all your creditors along with the debts you owe them. Sometimes, a mistake can cause the entry of an incorrect address which then appears on your credit report. This can be really frustrating for the bankruptcy filer since they are already under tremendous stress. However, experienced lawyers such as those of Los Angeles based bankruptcy law firm Recovery Law Group, inform that with some simple mistakes can be easily rectified.

                    • Any address associated with an account makes an appearance on your credit report. This may be the address of a friend, attorney, or family
                    • The addresses are reported to the credit bureaus by your creditors. You can discuss the incorrect address entry with the respective creditor associated with the account.
                    • In case you are unsure of which creditor made the incorrect address entry, you can call the number on your credit report to speak with the representative of the credit bureau.
                    • Once the creditor rectifies the mistake, the correct address is entered in the credit bureau system and subsequently in the credit report.

                    Though, these steps may seem simple, getting things done is not this easy. if you need professional assistance, you can call 888-297-6023 to speak with experienced bankruptcy lawyers Los Angeles.


                      *Are you more than 60 days past due on your mortgage?

                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.