February 2009

A New Foreclosure Every Thirteen Seconds

by Kent Anderson, Oregon Bankruptcy Attorney

According to The Center For Responsible Lending 6,600 new foreclosures are filed every day in the United States.  That works out to about one new foreclosure every thirteen seconds.  A map of foreclosures for each state in 2009 is available on the center’s website.  There are two types of foreclosure process generally used to terminate [...]

Non-judicial foreclosure – act immediately or you’ll be on the street!

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

In non-judicial foreclosure states, you have to act really fast. And you have to file a lawsuit in court to stop the foreclosure. You need to get an injunction. You need a lawyer who knows this business and you need that lawyer now.

Buying A House After Filing Bankruptcy

by Douglas Jacobs, California Bankruptcy Attorney

When can I buy a house after filing bankruptcy? As a bankruptcy attorney, many of my clients are concerned that once they file bankruptcy they wont be able to buy a house. Or at least they wont be able to do so for the ten years a Chapter 7 bankruptcy stays on their credit report. Truth [...]

Things You Should Consider When Purchasing A House.

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

Some of my clients want to purchase a home now.  The interest rates are low and because of the economy your dollar goes further than it did in years past.  They are too excited and as a result they are letting their emotions control their decisions instead of thinking logically.  I advise my clients to [...]

A Massachusetts bankruptcy court recently ruled that a chapter 7 debtor’s destruction of his bank statements was insufficient grounds to deny him a discharge under sections 727(a)(3) or 727(a)(4)(D) of the bankruptcy code. The debtor in In re Hegarty, 2008 WL 5246475 (Bky.D.Mass. Dec. 16, 2008), had operated a credit reporting business some years before his chapter [...]

Under the old laws, Chapter 13 payments were not that difficult to figure out.  Reasonable monthly expenses were subtracted from monthly net income to arrive at a monthly disposable income figure, which then gets paid for 36 to 60 months, paying off secured, priority, and unsecured claims to the extent possible.  Under BAPCPA laws passed [...]