As I previously discussed, there are several duties imposed on creditors when they have been notified that a bankruptcy case has been filed, especially if they have taken any collection actions after the filing. More of these duties include: 4. Duty to stop income execution and return funds. A creditor has an affirmative duty to [...]
May 2008
It seems as if every time you turn around, another offer of a debt consolidation loan hits your mailbox. It’s usually very tempting, the chance to pay off your high-interest debt and make one simple monthly payment. So you think about taking the offer, closing your other credit cards down, and improving your credit score. [...]
Once a creditor has been informed that a bankruptcy has been filed, and if they have taken any steps since the filing, they have several duties. Failure to perform one or more of these duties can lead to an award of damages and legal fees. Some of these duties include: 1) A duty to restore [...]
The foreclosure process in New York is a long one, requiring a case to wind through the court system before reaching conclusion. The case can take anywhere from 8 months to nearly a full year, depending upon the individual court. Some courts are quicker, some are slower. It is important to remember, however, that in [...]
The who, what, when, and where of bankruptcy appeals can be tricky. The following is a brief and very general roadmap to bankruptcy appeal filing: Who: The Debtor
When debtors attorneys file motions against creditors who violate the automatic stay, creditors often try to argue that they did not intend to violate the stay. If that is their only argument…they lose. Last October, Nicholas Ortiz wrote on these pages about what is required to show that a creditor violated the automatic stay. http://www.bankruptcylawnetwork.com/2007/10/12/what-are-the-elements-of-a-debtor%e2%80%99s-case-for-violation-of-the-automatic-stay/ [...]
