Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Student loans are, practically speaking, almost non-dischargeable in bankruptcy. The Bankruptcy Code and the law interpreting it says, in essence, that the debtor must be disabled and that he must prove he is–and will be–unable to repay the student loans. The fact that you paid a fortune…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Reaffirmation agreements and the law surrounding can be downright confusing. In fact, the law on this topic is so bizarre that it reminds me of the saying, “truth is stranger than fiction.” Some background Prior to continuing to read this post, you need to do a bit…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Mortgage modification in bankruptcy is a confusing topic. Some say you can. Some say you can’t. As with most bankruptcy issues, the answer is: “It depends.” However, it’s clear that if you have a wholly unsecured mortgage, you can “strip off” or “value” the mortgage…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Mortgage modification is a hot topic lately. And most commentators have rendered a verdict: Mortgage modification programs like HAMP and HAFA (Home Affordable Modification Program and Home Affordable Foreclosure Alternatives) have been a colossal failure. Still, some homeowners have achieved the impossible to obtain modification…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott I frequently get questions about judgments. Some of the questions I’m asked are: Must I file bankruptcy prior to being sued? Must I file bankruptcy prior to the judgment being filed? Is it true that I can’t discharge the debt once there’s a judgment entered? Once…
Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 7 bankruptcy can slow down foreclosure, but it’s not the best way to stop foreclosure. Chapter 7 bankruptcy is the most common
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