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 . . .Bankruptcy Debtors Should Not E-Sign Their Papers, says Bankruptcy Court
Technology is making communicating with each other so much easier. We can call almost anywhere, text, stream live video. In the world of court papers and documents, many courts have even adopted e-filing systems. As technologies move more in the direction of convenience and efficiency, how does the role of ‘wet ink’ signatures change? At […]
KEEP READING . . .Bankruptcy FAQ: Can I Possibly Be Arrested for Outstanding Credit Card Debt?
Myths abound when it comes to what creditors may do when it comes to collecting their debt. For sure, there are documented stories of creditor abuse – but those stories are just that, abuse and possible flagrant violations of law. I was recently retained by a client to file bankruptcy. One reason, the client told […]
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 . . .Bankruptcy Discharge Injunction NOT applicable to Some Nondischargeable debts
People that file for bankruptcy often expect two things: the protection of the automatic stay when filing, and then the protection of the discharge injunction after they get their discharge. Another thing many debtors understand when it comes to bankruptcy is that some kinds of debts are nondischargeable, such as student loans or some kinds […]
KEEP READING . . .Being Misleading in Your Bankruptcy Case May Cost You Your Porsche
Bankruptcy courts are fairly liberal in allowing a debtor who has filed a chapter 7 case to convert it to a chapter 13 case, if necessary. That ability to convert, however, is not absolute. In reviewing such an application by a debtor, the court will look to see if the debtor had engaged in any […]
KEEP READING . . .Bankruptcy Protections Eaten Away In Case Seeking Attorney Fees
Anyone who has filed or is thinking about filing for bankruptcy knows that filing for bankruptcy does two things: (1) generally, you get the protection of the automatic stay; and (2) upon grant of the discharge order, debts are discharged. There have been court decisions, however, that make it difficult to enforce those provisions – […]
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