What happens when a debtor falls behind on postpetition mortgage payments in Chapter 13?  One option is to try to roll postpetition arrears into an amended plan.  Both the Fifth and Eleventh Circuits have held that postpetition defaults may be cured through a Chapter 13 plan modification, see In re Hoggle, 12 F.3d 1008 (11th [...]

Having spent the day looking at the sources of information about bankruptcy on the internet, I was both amused and dismayed to find a grassroots website called www.answerbag.com where folks post questions and other folks post answers. The amusing/dismaying question was “Why Do Bankruptcy Lawyers Expect To Be Paid?” Four folks [...]

Where was Fair Isaac when subprime mortgage collapsed?  Aren’t its credit scores reliable?  Ah, er, hmm - It’ll get back to us.
Let’s look at a September 19, 2007 article from Forbes (no link available; paid subscription required).  Fair Isaac’s 01/07 study concluded that a high scoring borrower with a no money down mortgage is just [...]

Until recently the Northern District of New York had two divisions, one in Albany and one in
Utica.  As of earlier this year, a new division was formed in Syracuse.  The result was a new lineup for the 32 counties in the Northern District. 
The Albany Division, presided over by the Honorable Robert E. Littlefield Jr. [...]

“Flipping” is an aggressive form of refinancing a debt where the lender, typically a finance company, gets more money from a consumer by, among other things, charging new closing costs and other expenses such as insurances.
The National Consumer Law Center reported in 2005 that two-thirds of finance company loans were written to existing customers.
If you [...]

So, the plan is confirmed, you are making payments and the claims have been filed, objected to, or allowed.  Now what? 
Many things can happen (and usually do) during the period of a Chapter 13 plan.  You can lose your job, get a better job, get ill, decide to sell your house, or get a terrific [...]

Using personal credit cards to prop up a struggling business by Jonathan Ginsberg, Atlanta bankruptcy attorney, is on my list of 10 symptoms for diagnosing when to pull the plug on your failing business, topped only by borrowing from the government by not paying your taxes.
Jonathan hit the nail on the head when he said [...]

As a consumer bankruptcy attorney, one of the most often asked questions from my clients is: What will bankruptcy due to my credit report?  Although there are a multitude of answers to this question which you can find on this site, I wanted to focus on another fear that individuals have about inquiries on the [...]

Recently, United States Bankruptcy Judge, Alexander L. Paskay, issued his opinion in In Re Vanduyn, in which he agreed with a majority of bankruptcy courts around the United States in stating that the debtor can surrender his automobile, purchased within 910 days of the date of filing for Chapter 13 relief, in full satisfaction of [...]

It is financially wiser to pay your balance in full each month, but it’s bad for your credit score to do so. Potential creditors look for someone who pays more than the monthly minimum payment every month on a timely basis. Remember, creditors don’t like it when people pay their balances in full [...]