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Reaffirmation Agreements–What are they and why should I hope the Judge does...

Sticking with our recent theme in blog entries, we decide to touch on reaffirmation agreements this week. Debtors who file a Chapter 7 bankruptcy in Arizona, and owe money on their house or car, are...

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I Absolutely Cannot Lose My Car in Bankruptcy. Can I Buy it For Less Than...

This right to purchase certain property for what it’s actually worth in bankruptcy is known as the “right of redemption.” It’s available only in certain circumstances and can work to your advantage in...

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Getting a Car Loan After Bankruptcy — 10 Tips

Here's a complete guide to getting a car loan after emerging from a consumer bankruptcy. The ability to get credit after bankruptcy is a major concern that I regularly hear about from my bankruptcy...

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Two Reasons Owning a Car Free and Clear Can Cause Problems in Bankruptcy

So, your car is bought and paid for, big relief. No loans, no car payments to worry about. In the real world that’s a nice thing. Not so much if you’re contemplating bankruptcy. Owning your car...

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How to Buy Your Underwater Car for its Fair Market Value (You’ll Have to File...

722 Redemption in Chapter 7 Bankruptcy News flash: cars are depreciating assets. No matter how shiny or fast or leather trimmed, the minute you drive the sucker off the lot, it goes down in value. It...

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To reaffirm, or not to reaffirm

Should I Reaffirm My Car Loan? Since Bankruptcy Reform in 2005 Reaffirmation of debts has become a much bigger issue than before.  Under the old law debtors often had the option to not reaffirm vehicle...

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Can You Strip Down a Vehicle Loan in Chapter 13?

I heard that you can keep your vehicle in Chapter 13and pay less than your vehicle’s outstanding loan balance. Is this true? Get Caught Up on Car Payments In all situations filing a Chapter 13...

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You Can Keep Your Car During Chapter 7 Bankruptcy, But Should You Sign a...

You Can Keep a Car in Bankruptcy, But Under What Terms? In our current tenuous economic climate, more and more normal, honest, hardworking people are turning to bankruptcy for relief from overwhelming...

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In re Penrod, 611 F.3d 1158 (9th Cir. 2010) An Opportunity for California...

The 9th Circuit has ruled that to the extent that an automobile lender rolls the negative equity from a trade-in into a new acquisition loan that part of the loan is not a purchase money security...

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Get It Back! Fixing a Fraudulent Transfer Before Bankruptcy in the 9th Circuit

Jon Brooks is a Bay Area bankruptcy lawyer. As I recently wrote on the Bay Area Bankruptcy Lawyer Blog, perfectly honest consumer debtors sometimes make the mistake of transferring an asset to a friend...

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