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| Bankruptcy does not wipe out most mortgages or liens; however, judgment
liens and some liens on personal property called “non-purchase
money security interest” may be voided if they encumber exempt
property. If a debtor wants to keep his or her house, generally, the
debtor must continue the payments on the mortgage. If the debtor wants
to keep a car that is liened, he or she must likewise continue the
payments. A debtor facing foreclosure on his or her home may use Chapter
13 to repay past due payments and other costs, while also making
the other regular mortgage payments, and keep the home. Chapter
13 may also be used to get back a car that has been repossessed
by a creditor. In a Chapter 7
liquidating bankruptcy, certain property can be redeemed from a lien
by an appropriate proceeding in the bankruptcy, which would require
paying to the lienholder the market value of the property.
If a creditor or the trustee objects, a debtor may be denied a
discharge and continue to owe the debts as if the bankruptcy had
never been filed. Some of the reasons for being denied a discharge
are fraudulent transfer of an asset to keep it away from creditors
or the bankruptcy trustee, concealment of assets, or disobeying
or making a false statement to the court. Such acts may also constitute
federal crimes for which the debtor can be fined or imprisoned.
Certain types of debts, such as child support, alimony, some federal
income taxes and all employer withholding taxes are not discharged
in bankruptcy. Generally, student loans cannot be discharged, unless
the first loan payment was due more than seven years before filing
bankruptcy. The debtor’s wrongful conduct may make some debts
nondischargeable in a liquidation bankruptcy, such as incurring
credit card charges when the debtor had no intent or the ability
to repay or obtaining loans using false financial information.
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Case
Archive |
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Robert
C. Furr |
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Charles I. Cohen |
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Alvin S. Goldstein |
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Marc P. Barmat |
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Alan R. Crane |
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