Trustee Challenges and Adversary Proceedings in Alabama Bankruptcy Cases: What Debtors Need to Know
A bankruptcy trustee can do more than question a debtor at the 341 meeting. The trustee can demand turnover of estate property, sue to recover prebankruptcy transfers, and seek denial…
Continue readingThe Intersection of Bankruptcy and Divorce in Alabama: Protecting Assets and Allocating Marital Debt
Alabama divorce law controls division of the marital estate, but federal bankruptcy law separately determines what becomes property of the bankruptcy estate and which divorce-created debts survive discharge. Ala. Code…
Continue readingStrategic Use of Chapter 13 in Alabama: Curing Mortgage Arrears, Stopping Foreclosure, and Managing Secured Debt
“Save the house.” Chapter 13 can do that, but only within strict legal limits. 11 U.S.C. § 1322 generally prevents modification of a mortgage secured only by a principal residence,…
Continue readingBankruptcy and Judgment Liens in Alabama: When and How Liens Can Be Avoided or Stripped
In Alabama, a creditor can create a property lien by filing a certificate of judgment with the probate judge in the county where the property is located. Ala. Code §§…
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