November 2011

28 Nov Bankruptcy And Mortgage Mediation/Modification

The words Mortgage Modification and/or Mediation and Bankruptcy were never used in the same sentence because we all know that a debtor in Chapter 13 bankruptcy cannot use the Bankruptcy Code to modify a primary mortgage on their residence. However, in the wake of this economic challenge, the winds of change are blowing, and we are starting to see cracks in the old walls. Now, Bankruptcy Judges are creating the changes they wish to see. In Orlando, Florida, the Bankruptcy Judges, Chapter 13 Trustee, Debtors Attorneys and Creditors Attorneys started a mediation program to assist debtors who wanted to save their homes. Under the current Bankruptcy Code and existing case law, this may be impossible under certain circumstances, however, there is nothing in the Bankruptcy Code or existing case law which prohibits the parties from a mutually agreed modification of the mortgage. So far, the program has seen a great deal of success.
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20 Nov Retain Complete Bankruptcy Originals, Not Just Signature Pages, When Going Paperless

It seemed like a dream to paper-burdened bankruptcylawyers, this electronic filing stuff for bankruptcy courts. Go paperless! Save only signature pages. Prepare your schedules, have the client make the necessary changes and sign where needed, then prepare the PDF documents, use the /s/ digital signature,...

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