Court Makes Big Changes in Chapter 13 Fees

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How much does it cost to file Chapter 13?  I have answered that question for nearly 20 years, and it seems that about every 5 years the local court rules provide a different answer.  Well, the Nebraska Bankruptcy Court rolled out yet another compensation system for debtor’s attorneys effective December 1, and this time I […]

Court Limits Right to Avoid Auto Liens.

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The Nebraska Bankruptcy Court has issued a new opinion that limits the ability of debtors to avoid non-purchase money liens in motor vehicles.  (A non-purchase money auto lien is created when a loan is given by a bank or finance company that is secured to a car title but the loan was not used to […]

Responding to a Court Summons in Nebraska

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If you have been served with a court summons in Nebraska, it is imperative that you respond to the lawsuit correctly.  Here is what you need to do: File a WRITTEN REPLY to the lawsuit with the Clerk of the Court.  The summons typically says that an “appropriate response” must be issued within 30 days.  What does […]

Documents Needed to File Bankruptcy in Nebraska

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Tax Returns.     The bankruptcy trustee must review the last two (2) tax returns filed.  If you have lost your returns, complete IRS Form 4506.  If you have not filed your tax returns, do so now.  The bankruptcy case will automatically be dismissed if you fail to file any tax return due in the past four years. […]

Filing Bankruptcy Stop Utility Shut-Off

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As I write this blog post in December, the thermometer has climbed to a scorching 15 degrees Fahrenheit on the snow blown Nebraska plains.   It occurs to me that this may be a good time to discuss how filing bankruptcy in Nebraska can stop a utility shut-off. Section 366 of the Bankruptcy Code provides that “a […]

How to Request a Stay of Foreclosure in Nebraska

Foreclosure comes in two forms:  Judicial and Non-judicial.  Judicial foreclosure proceedings are lawsuits filed in the District Court of Nebraska against the property owner to determine the amount owed and, if the owner is in default, it results in a publicly advertised Sheriff Sale of the real property.  The homeowner receives a Summons from the […]

Taking the Offensive on Debt Buyer Lawsuits

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If you are reading this article, there is a good chance you have been sued by a junk debt buyer such as Midland Funding, Encore Capital, Portfolio Recovery, Cavalry SPV, CACH LLC, Midland Credit Management, LVNV Funding LLC, or Unifund CCR Partners.  These are companies that purchase delinquent credit card debts for generally 3 to […]

Not a Solution. Obama’s Student Loan Reform Not Enough

Student loan attorney Joshua Cohen (@studentloanlaw) writes an excellent critique of the Obama administration’s new executive order to lower student loan payments. The order will extend eligibility for the Pay-As-You-Go (PAYE) program that was previously only available to students who started borrowing after 2007 and who took out a new loan after 2011.  Those time […]

Getting Help with Loan Modifications

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The Home Affordable Modification Program (HAMP) has helped thousands of Nebraskans to modify their home mortgage payment.  A loan modification can lower the interest rate, establish an escrow account to pay taxes and insurance, and cure past due mortgage payments.  When this program works it is really magical—a loan can go from unaffordable and in […]