January 2010

When you file bankruptcy, what happens to the TV you “rented” from Rent-a-Center depends on how the bankruptcy court views the contract you entered into with Rent-a-Center. The court could view the contract as a “true lease”, which would mean that you would either have to assume or reject the lease. By assuming the lease [...]

When Does Bankruptcy End And Life Begin?

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

All right !!!  You’ve done some hard work, gone through lots of worry and fretting, and now that light is appearing at the end of the tunnel.  Congratulations!  Well done. Maybe your father wants to buy you a new car, or you want to look for a better job.  When can you begin your fresh [...]

Massachusetts Foreclosures

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

A Google search for” Massachusetts foreclosures” won’t easily get you to the information you need, such as what defenses do you have, how long is the foreclosure process, and how long can you stay after the foreclosure sale. I know.  I’ve just tried it.  I got a long list of properties being sold through foreclosure, [...]

Mortgage companies are well known for having numerous and continuous problems keeping a proper accounting of the mortgages they hold.  This is particularly true in the context of a Chapter 13 case where the mortgage company is paid by the Chapter 13 Trustee for the pre-petition arrears, and by the homeowner for the ongoing post-petition monthly mortgage payments. [...]

300 California law firms investigated for mortgage modification scams

by Chip Parker, Jacksonville Bankruptcy Attorney

As a Florida foreclosure defense attorney who personally meets with 25 new distressed homeowners every week, I am often the second lawyer consulted about the foreclosure.  The first lawyer is usually a California lawyer promising a mortgage modification, and the outcome is always the same: My clients complain that they got absolutely nothing for their [...]

Bankruptcy protects you against claims and actions by States

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

The 11th amendment reserved all rights not given to the United States government to each of the states individually. But the Bankruptcy Clause gave to the United States the exclusive right to deal with bankruptcy.