In East Cambridge Savings Bank v. Silveira (In re Silveira), 141 F.3d 34 (1st Cir. 1998), the First Circuit Court of Appeals decided that 11 U.S.C. §522(f) 1 permits only partial avoidance of judicial liens in situations where a debtor has …

Although anecdotal, many Department of Justice and Internal Revenue Service attorneys who practice bankruptcy would most likely state that one of their largest complaints with the previous version of the Bankruptcy Code was their inability …

The doctrine of tenants by the entireties contemplates the ownership of property by the marital union itself ("one flesh") and not by the separate spouses as co-tenants. As a result, the Bankruptcy Code preserves the debtor's right, when on…

Chapter 13 bankruptcy has been used for a variety of reasons since the enactment of the Bankruptcy Code in 1978. It is often cited as the means whereby a debtor can invoke the benefits of the super discharge where potential non-dischargeabl…

In this article, we report on home ownership among no-asset chapter 7 debtors. The report is based on 5,832 non-business chapter 7 cases that were closed between 1999 and 2001. 3 We classified each debtor as an owner or a non-owner based on…