Comments on: Claims That Bankruptcy Will Not Stop Foreclosure Are Not Only False, But Absurd http://www.bankruptcylawnetwork.com/2007/02/20/claims-that-bankruptcy-will-not-stop-foreclosure-are-not-only-false-but-absurd/ Real Lawyers, Real Solutions Tue, 10 Nov 2009 16:34:06 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Mortgage Assistance or Chapter 13 Bankruptcy? at Bankruptcy Law Network - Bankruptcy Lawyers From Around The Country - Not A Referral Site http://www.bankruptcylawnetwork.com/2007/02/20/claims-that-bankruptcy-will-not-stop-foreclosure-are-not-only-false-but-absurd/comment-page-1/#comment-73 Mortgage Assistance or Chapter 13 Bankruptcy? at Bankruptcy Law Network - Bankruptcy Lawyers From Around The Country - Not A Referral Site Sat, 24 Feb 2007 21:09:09 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/claims-that-bankruptcy-will-not-stop-foreclosure-are-not-only-false-but-absurd/#comment-73 [...] Claims That Bankruptcy Will Not Stop Foreclosure Are Not Only False, But Absurd « Helping Colorado Small Business Using Chapter 13 Bankruptcy [...] [...] Claims That Bankruptcy Will Not Stop Foreclosure Are Not Only False, But Absurd « Helping Colorado Small Business Using Chapter 13 Bankruptcy [...]

]]> By: Stephen Otto, Attorney at Law http://www.bankruptcylawnetwork.com/2007/02/20/claims-that-bankruptcy-will-not-stop-foreclosure-are-not-only-false-but-absurd/comment-page-1/#comment-65 Stephen Otto, Attorney at Law Wed, 21 Feb 2007 17:56:01 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/claims-that-bankruptcy-will-not-stop-foreclosure-are-not-only-false-but-absurd/#comment-65 What is most troubling about the comments of Home Buying Center is that they are making the claim that "recent federal legislation" somehow affected a Debtor's right to cure mortgage arrears in Chapter 13. Huh?! BAPCPA did absolutely nothing to affect the right of a Debtor to cure mortgage arrears in a Chapter 13 bankruptcy. If anything BAPCPA ENCHANCED the Debtor's right in this area by adding now 11 U.S.C. Section 524(i). I will be dedicating a blog post to new Section 524(i) in the very near future. What is most troubling about the comments of Home Buying Center is that they are making the claim that “recent federal legislation” somehow affected a Debtor’s right to cure mortgage arrears in Chapter 13.

Huh?!

BAPCPA did absolutely nothing to affect the right of a Debtor to cure mortgage arrears in a Chapter 13 bankruptcy. If anything BAPCPA ENCHANCED the Debtor’s right in this area by adding now 11 U.S.C. Section 524(i). I will be dedicating a blog post to new Section 524(i) in the very near future.

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