A major irritation for debtor attorneys in Chapter 13 cases is the filing of a motion to lift the automatic stay by a home loan creditor when debtor has made all payments required under the plan. I have had Chapter 13 cases where as many as three unwarranted motions were filed by the loan servicer [...]
November 2007
Another newspaper endorses the proposed changes to Chapter 13 bankruptcy law. The sub-prime crisis continues to build, as anticipated by many posts on this blog. As hundreds of thousands of adjustable rate mortgages adjust up to monthly payments the homeowner cannot afford, declining values having foreclosed the option of re-financing into a new ARM, home [...]
This is the fourth article in a series covering “means test” issues. By now, you’re probably aware that consumers are required to file Form B22 (the means test form) with their bankruptcy papers. Form B22 establishes whether you are eligible to file chapter 7, and sometimes dictates the level of repayment in a chapter 13 [...]
Uninsured and underinsured patients are now being solicited for credit at a time they are most vulnerable: When they are seeking medical care from a health care provider or hospital.
Chase has decided to help the little guy and cease raising interest rates when the cardholder’s credit score declines. More on this new development was also reported on our sister site, Credit Law Network. This lovely predatory practice allowed Chase to impose penalty interest rates on card holders who had never been late, were under [...]
The “automatic stay” is, perhaps, the greatest advantage to filing for Bankruptcy. This is the requirement that upon filing, no-one can do anything to collect a debt, enforce a judgment, garnish your wages, take your property or that sort of thing. There are, of course, exceptions such as the requirement to keep paying child support. [...]
