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The Life Cycle of Bankruptcy – Chapters 7, 11, and 13

Even though bankruptcy filings are becoming more and more commonplace, the process itself is still not easily understood by most people. In general, the bankruptcy process is intended to ultimately give debtors a fresh start. But the path to that fresh start depends on many factors. In the lifecycle of bankruptcy flow chart below, you’ll see the most common paths taken for the 3 most common types of bankruptcy : chapters 7, 11, and 13.

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Download Life Cycle of Bankruptcy Chart here.
Click here to view a printable version of the lifecycle of bankruptcy infographic

General Notes:

  1. Creditors or Partners can file an involuntary petition asking the court to place the Debtor in bankruptcy against his/her/its will.
  2. Any sale or financing of real property is subject to the approval of the Bankruptcy Court.
  3. Judgements and Liens remain attached to the property until specifically released by an order to sell the property free and clear of specific liens and judgements; or an order avoiding the specific lien or judgement, which could be limited to the amount of the homestead exemption and therefore still attach to the property for the amount, if any, in excess of the homestead exemption.
  4. Warning! This chart is intended as a general overview of the process.

Life Cycle of Bankruptcy infographic- Chapters 7, 11, and 13

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The trouble with a non arm’s-length short sale…

Non Arms Length Transaction

The Backstory An investor opened several short sale transactions, acting as the buyer in each. One–by–one the short sale transactions began to cancel for one reason or another, leaving the escrow branch disgusted with the amount of work they put into each one without remuneration. The next deal in line came extremely close to closing…

A Case of Brotherly Identity Theft…

Identity Theft

The case… This is a real estate fraud/identity theft case brought by plaintiffs Darryl Dumas (“Darryl”) and Darryl Dumas as Trustee of the Dumas Revocable Living Trust Agreement Dated February 7, 2001 against Darryl’s brother Derrick Dumas (“Derrick”), among others, concerning real property located at 1875 Paradise Drive, Los Angeles, Calif. 90025 (“Subject Property”). On…

The Probate Path – Married Community Property

probate path for married or domestic partnership community property

Our previous probate path blog post discussed the sad tale of Sam Smith, who died with no kids, and the happy tale of Rolf, his nephew and sole heir who discovered that he had the proverbial “rich uncle.” Three Basic Probate Situations As noted in the December 6th blog, there are three basic probate situations:…

5 Title Insurance Questions to Consider when Purchasing a Home

5 Title Insurance questions to ask when buying a home

For most people, purchasing or refinancing a home happens only a few times in a lifetime.  And thus the topic of title insurance is only top of mind for a fleeting moment once every few years.  So if you’re in the process of selling or buying real estate, here are a few refresher questions you…