A VA loan is a loan guaranteed by the Veteran’s Administration. In consideration for the lenders’ participation in the profits and guarantees of the government-insured loan program, the lender agrees to provide certain loan servicing functions as described in the VA’s Lender Handbook. The servicing functions include extending to the borrower all reasonable means of [...]
October 2009
Recently I posted a Blog on the unfavorable In re Martinez decision recently handed down by the Ninth Circuit BAP on October 5, 2009. Well, the Ninth Circuit BAP did it again that same day in another case with a slightly different twist in the Smith matter.
According to the United States Department of Justice, U.S. Trustee program, Americans make less money today than eight months ago. In order for bankruptcy practitioners to determine whether a person or couple qualifies for Chapter 7, we look to the latest median income figures periodically published by the U.S. Trustee. Normally, and as anyone would [...]
The answer is yes. Under the federal Fair Credit Report Act (FCRA), a credit bureau may furnish a credit report on a consumer in connection with the collection of a debt.
Americans tend to move a lot. When the economy is in distress, folks often move out of state in search of work or lower cost of living. If you filed bankruptcy, do you have to stay put while the case is going on? Does your case have to move to another court? The answer is [...]
On October 5th, 2009, the Ninth Circuit Bankruptcy Appellate Panel (BAP) published its decision in In re Martinez, wherein it concluded that debtors who strip junior liens off mortgages are not entitled to deduct those payments from the chapter 13 projected disposable income test. While the decision was ordered published, the 3 judge panel disagreed with each [...]
