I got a real thrill when a judge before whom I practice testified to a Congressional committee about California families losing homes to foreclosure. Judge Morgan told lawmakers that it pained her that there was not an effective tool to help these families in the Bankruptcy Code as it exists.
Congress is considering a [...]

A frequent topic of discussion with prospective clients is the timing of a Chapter 13 bankruptcy filing in order to stop a foreclosure. How long do you have before it’s too late to stop a foreclosure, or how late is too late?
If you liked that post, then try these…Jones Versus Wells Fargo Addresses The [...]

Well, you did it. You did all the paperwork by yourself and turned it all in on time. You went to the Meeting of Creditors and faced the Chapter trustee’s questions and answered them all (the answers that the trustee was looking for). Now, just when you thought your case was [...]

Occasionally, following the the filing of a Chapter 13 bankruptcy and while the case is still pending, particularly in cases where the Debtor owes a pre-petition tax obligation to the Internal Revenue Service, tax refunds ordinarily due to the Debtor will be intercepted by the agency and applied against the Debtor’s federal tax obligations.  Should this occur, [...]

Your Chapter 7 case is done, your attorney sent you the Order of Discharge and you are ready for your “fresh start”. And the next thing that happens, you end up in the hospital, unemployed, or a death leaves you with mounting bills. Some awful thing happens and you end up [...]

OK, you’ve produced all the documents you needed, the petition, schedules, statement of financial affairs has been filed, and you’ve attended the mandatory 341 hearing – now what? The next step is to get the plan “confirmed.”
That means having the plan approved by the local bankruptcy judge. In most districts, this is pretty [...]

An adversary proceeding is just like what it sounds like–someone is fighting with someone else in the bankruptcy court. There are three parties in the bankruptcy court case who can file an adversary proceeding–bringing someone in front of a judge to explain their actions in a hearing or a trial. Those [...]

The answer to this is the same as the answer to most research questions these days, use the Internet!
Google, or whatever search engine you prefer, used car value. Or used van, truck, SUV, value.
You sign the bankruptcy schedules under penalty of perjury. It is important to list accurate [...]

Another home price index shows the continuing decline in real estate values.
The snowball continues, as more ARMs reset, causing more foreclosures, more supply of houses for sale, further depressing prices.
Mortgage companies are trumpeting that they are more willing to avail themselves of their “loss mitigation” departments to avoid foreclosures, and [...]

The other day I blogged about Judgment Liens and how they come into being.  In Bankruptcy, a Florida resident debtor can Motion the Bankruptcy Court for an Order removing a Judicial lien from their homestead residence.  It is a relatively simple procedure if done correctly.  The reason that this procedure must be filed is to [...]