April 2009

My school won’t give me my transcript after banrkuptcy

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

If you owe your school tuition and file for bankruptcy relief, your school might hold up your transcript or even your diploma.  But not every debt for a school, college or university is a “student loan.” The Seventh Circuit Court of Appeals – covering Illinois, Wisconsin and Indiana – has just reminded us that a [...]

Troubled homeowners not confined to those with “too much house”

by Cathy Moran, California Bankruptcy Lawyer

Opponents of leveling the mortgage modification field by changing bankruptcy law like to demean those who would benefit from the change as those who greedily bought more house than they can afford. That characterization does not begin to encompass the range of clients I’m seeing with houses that, absent a modification, they should walk away [...]

Is my mortgage is owned or guaranteed by Fannie Mae or Freddie Mac?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

In order to find out if you are eligible for the Obama Home Affordable – Refinance plan, you have to first find out if your mortgage is owned or guaranteed by Fannie Mae or Freddie Mac.   This is easier to do than you might think.  To see if your loan is owned or guaranteed [...]

Balance Transfers Can Be Avoidable Preferences

by Wendell Sherk, Missouri Bankruptcy Attorney

Bankruptcy law allows a trustee to recover payments made to creditors on the eve of bankruptcy, even if the payment was made with borrowed money the debtor never touched, according to the Sixth Circuit Court of Appeals. The situation is very typical. A consumer carrying too much debt gets an offer to transfer balances from [...]

How do I contact my mortgage servicer?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Here’s our list of phone numbers for contacting mortgage servicers. Help us keep it up-to-date.

Carolina Place Mall Parent Files Chapter 11 Bankruptcy

by Susanne Robicsek, North Carolina Bankruptcy Attorney

Carolina Place Mall is open for business, even though its parent company filed a Chapter 11 bankruptcy.  I was there last night, and no one shopping there would know that there is any problem.  The company has stated that they are not closing the malls, and shoppers should not notice the difference.   Chapter 11 does [...]