Must a debtor reaffirm a secured debt to avoid foreclosure and eviction?
The intersection between foreclosure and bankruptcy is pretty heavy. Over the last ten years, as people have resorted to bankruptcy to try and save their houses from foreclosure, plenty of interesting questions have arisen. Most commonly, if someone wanted to keep real property that they were losing in foreclosure, they would try to obtain a […]
KEEP READING . . .4 Tips to Help Plan What to Wear to Your Bankruptcy 341 Meeting
It’s a question that every bankruptcy attorney gets asked. It’s also something that’s so simple and often overlooked, but can lead to disaster. The question is what should a bankruptcy debtor wear to the 341 meeting of creditors. Here are four things you should keep in mind when thinking about what you should wear to court […]
KEEP READING . . .Foreclosure Mortgage Servicer to Defend Alleged Violation of FDCPA
[huge_it_video_player id=”5″] A mortgage servicer’s motion to dismiss a consumer protection complaint in Florida was denied. This case is representative of the behavior many debtors experience after their bankruptcy case is over, especially if they had owned a house that was in foreclosure. Fortunately, the judge in this case is holding the servicer accountable for […]
KEEP READING . . .Is Avoiding Payment of Debt ‘Bad Faith’ in a Bankruptcy Case?
[huge_it_video_player id=”4″] Bankruptcy is a tough space. People and businesses don’t want to file. Creditors don’t want debts owed to them discharged. Notwithstanding, this is the system we have in place. When a bankruptcy is filed, the laws are designed to balance the fresh start contemplated and desired by a debtor with the rights and interests […]
KEEP READING . . .What happens if I file for bankruptcy and then change my mind? This is one court’s analysis
[huge_it_video_player id=”3″] Generally, when someone files a chapter 7 bankruptcy case, they rise or fall with their case. There is no right to voluntarily dismissal of a chapter 7 case (or in a chapter 11 case). Compare that to a chapter 13 case, where a debtor who files for the first time generally has an […]
KEEP READING . . .Reverse Mortgage 101: What you should know by Bankruptcy Law Network
[huge_it_video_player id=”2″] Recently, I’ve received a host of questions from folks inquiring about reverse mortgage.
KEEP READING . . .Homeowners: Keep mortgage servicers accountable in foreclosure cases
For the many homeowners that have had to deal with foreclosure, or are currently dealing with foreclosure, there is a universal frustration in working with the mortgage servicers. Countless individuals express frustration at sending documents that are allegedly never received. Others are shocked by an extension of a trial modification, only to never be converted […]
KEEP READING . . .Debtor’s Bankruptcy Discharge Revoked for Failure to Turnover Inheritance
Bankruptcy relief is pretty extraordinary, when you think about it. You can file a case that, if properly done, terminates your obligation to pay debts. You can strip off mortgages. Judgments (not recorded against real property) are voided. A bankruptcy discharge is an extraordinary measure of relief, and really does give a debtor a fresh […]
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