Not that long ago, the values of many homes here in California Bay Area have dropped dramatically and the real estate bubble has burst. Or has it? The real estate market has been bouncing back in many parts of the Bay Area. A fairly typical situation was described by my …
Can bankruptcy void and remove judgments?
In many cases, yes. A bankruptcy judge can issue a specific order voiding a lien or other outcome of the judgment. Even without such specific order, if the debt that resulted in the judgment is discharged through bankruptcy, a creditor does not have a right to enforce the judgment. Generally, …
When you file bankruptcy, can you a claim a homestead exemption for the home you are not planning to keep?
Yes. In an interesting new update, U.S. 6th Circuit Court of Appeals recently held in Re Wengerd that the debtors rightfully claimed homestead exemption for their property, even though at the time the bankruptcy petition was field, they had a pending contract to sell the property. As a side note, …