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 . . .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 . . .Another Decision Limiting the Dischargeability of Tax Liability!
The discharge of tax liabilities can often be a big factor in someone’s decision to file for bankruptcy. If you can develop a plan so that tax liabilities are discharged in a bankruptcy filing, that can be immense for a debtor (because otherwise tax liabilities remain nondischargeable). There are tests, however, for when tax liabilities […]
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 […]
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