June 2009

New California Law Extends Time Periods For Foreclosures

by Douglas Jacobs, California Bankruptcy Attorney

An additional 90 days has been added, is some cases, to the length of time for a California homeowner to cure a default in mortgage payments.  The California Foreclosure Prevention Act went into effect on June 15, 2009. This bill extends the current 90 day period in California’s non-judicial foreclosure process between notice of default [...]

Some bankruptcy lawyers need no introduction, but we’re giving one anyway to Carey Ebert, Ft. Worth bankruptcy lawyer and current President of the National Association of Consumer Bankruptcy Attorneys.  Carey is coming on board as a Contributing Author, and you’ll see her posts here on Bankruptcy Law Network for as long as we can keep [...]

HELOC in bankruptcy: dischargeable?

by Cathy Moran, California Bankruptcy Lawyer

The borrower’s personal liability for a home equity line of credit or a standard second position home mortgage is dischargable in bankruptcy.  A reader of my website Bankruptcy in Brief, emailed me about conflicting input she was getting in her self prepared bankruptcy case. I learned that the sources of misinformation continue to multiple:  some [...]

Bankruptcy and Foreclosure Defense attorney Andy Miofsky announces the opening of his new office in Mt. Vernon Illinois. “Clients from deep Southern Illinois are driving 90 minutes or more to my Granite City office for a consultation, so I know there is a need that isn’t currently being met in that area,” reports Andy Miofsky.  [...]

Reject Commercial Leases Quickly, Says 8th Circuit BAP

by Wendell Sherk, Missouri Bankruptcy Attorney

If you have a commercial lease in bankruptcy, it pays to reject it quickly according to the Eighth Circuit Bankruptcy Appellate Panel. When a business or individual with a lease on commercial real estate, like a store or (in this case) farmland, files bankruptcy, the debtor or trustee has the right to assume or reject [...]

Bankruptcy Discharge Violations Are FDCPA Violations Too

by Wendell Sherk, Missouri Bankruptcy Attorney

Debt buyers and debt collectors seem to prefer going to bankruptcy court instead of federal district court when they break the rules. At least that seems to be the lesson from their litigation strategy. If you filed bankruptcy, scheduled a debt, and received a discharge of it, you have a right to count on the [...]