September 2007

Bankruptcy And Countrywide Home Loans

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

I heard from another Bankruptcy Attorney today that Countrywide Home Loans has opened a phone line, 1-800-262-4218, to help people prevent foreclosure.  I believe this program is in direct response to President Bush’s statements of several weeks ago.  As you may recall, President Bush requested that mortgage companies begin to work with people who are [...]

The bankruptcy law limits how often you can file a second case.  A lot has been written about so called “serial filers” – property owners who file multiple Chapter 13 cases to thwart foreclosures, but what about debtors who successfully complete their Chapter 13 or who receive a discharge in a Chapter 7 but find [...]

Bankruptcy Code Needs Tools to Fix Mortgage Mess

by Cathy Moran, California Bankruptcy Lawyer

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 bill [...]

How Late is Too Late to Stop a Foreclosure?

by Dana Wilkinson, Attorney at Law

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?

Bankruptcy Basics: Why Would The Judge Deny My Discharge?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

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 over, a notice from [...]

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, [...]