Blog Posts in May, 2012

  • On May 11, 2012, the 11th Circuit Court of Appeal (whose decisions are binding in Florida) published its opinion in In re: McNeal. In the opinion, the 11th Circuit ruled that a wholly unsecured second mortgage lien can be stripped off of the property in a Chapter 7 Bankruptcy. For those of you not familiar with bankruptcy, in both a Chapter 7 and a Chapter 13, a debtor's obligation to pay ...
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  • Short Sale after Chapter 7 Bankruptcy

    || 16-May-2012

    We are receiving more and more calls from property owners who are wondering why their lender has not finished the foreclosure on their home after the property owner has filed for Chapter 7 bankruptcy and has received a discharge. Typically, in a Chapter 7 bankruptcy in the state of Florida, a borrower and the trustee will abandon any property in the bankruptcy estate that has no equity. The ...
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