The Continuing Concealment Doctrine applies when someone appears to have transferred an asset, but retained secret control or a beneficial interest. It commonly applies where someone convenys a house to another, but continues to live there, pay the mortgage and utilities, maintain and improve the property, and so forth. It can apply to stocks or [...]
May 2009
B You are way underwater. Â You can’t modify your mortgage in chapter 13. Â The Senate made sure of that when it voted down mortgage modifications in chapter 13. Â So you decide that you have to sell the house. Â But it has to be a short sale – the house is worth a lot less than [...]
A requirement under the Bankruptcy Code is that you provide copies of all pay advices or other evidence of payment received within 60 days of your filing for bankruptcy. For most people who go to work every day and receive a paycheck, this is not a big hurdle. However, if you are self-employed, how do [...]
Bankruptcy cases can’t be prepared overnight. We find that it takes at least a week or two to prepare a case for filing even under the best of circumstances. You need to take credit counseling before you can file. You need to tell your lawyer all the information needed to determine your assets, your debts, [...]
As a foreclosure defense attorney representing hundreds of homeowners in Florida, I have read literally a thousand foreclosure complaints over the last few years. Most every one includes a lost note count. As previously discussed, the reality is that the plaintiff is lying. It never had the note. Now, however, the note has been miraculously [...]
The misleadingly named Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 created a dilemma for debtors with private student loan obligations. That act extended the undue hardship requirement for discharge in bankruptcy to private student loans without making available the Federal reduced payment plans that partially relieved burdens to lower-income debtors. If the entire [...]
