November 2008

Foreclosures, at least in the Sacramento, California area, seem to be on the decline!  At least that’s the take from columnist, Jim Wasserman, in the Sacramento Bee. He reports that in the last couple of months, not only have actual foreclosure sales diminished but filings of the dreaded “Notice of Default” have declined as well. […]

When social security benefits have already been received, but not yet spent on the date a bankruptcy case is filed, the funds cannot be claimed exempt under the federal bankruptcy exemptions, according to In re Carpenter, 2008 WL 4567128 (Bky.D.Minn. Oct. 14, 2008), a recent Minnesota bankruptcy court ruling. This case held that bankruptcy code […]

Following the lead of Freddie Mac and Fannie Mae, lenders across the country are jumping on the foreclosure moratorium bandwagon.  This is accompanied by calls for moratoriums in the states of Connecticut, Florida and California.  Protests by community groups have sprung up across the country demanding this relief. In California, Governor Schwartzenegger and several legislative […]

Nine free web videos on about filing for bankruptcy are now available on the federal court website: Introduction Types of Bankruptcy Limits of Debts Filing for Bankruptcy Meeting of Creditors Bankruptcy Crimes Court Hearings The Discharge Legal Assistance General bankruptcy information is no substitute for personalized advice from a bankruptcy attorney after your financial information […]

An appellate court has held that a mortgagee may wrongfully apply post-bankruptcy payments to the pre-bankruptcy account without penalty. Ameriquest Mortgage kept two separate books to account for mortgage payments, one computerized and one manually. The computerized account would apply the latest payment to the earliest unpaid month, even if that month was before a […]