Southern California Bankruptcy Law Blog

Monthly Archives: October 2012

Prenuptial Agreements In Bankruptcy

Posted in Chapter 13, Chapter 7

A fellow bankruptcy attorney recently posed an interesting pair of related questions: How (if at all) does a valid prenuptial agreement affect the requirements to list a non-filing spouse’s income in CMI per 707(b)(7)(B)?  Does it make ALL of the spouse’s income includable in the “marital adjustment”? Here is my response. I.          The Bankruptcy Code’s… Continue Reading

The Treatment Of A Second Mortgage After A Foreclosure Sale

Posted in Foreclosure, Short Sales, Uncategorized

I recently had an interesting email exchange with a couple of fellow bankruptcy attorneys on the subject of foreclosure.  The specific question we discussed was whether a second mortgage holder’s claim is extinguished after the holder of the first mortgage conducts a foreclosure sale. The question is complicated by the fact that there are three… Continue Reading