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House to Vote Thursday on Revised Bill for Mortgage Modification in Bankruptcy »

A new bill, H.R. 1106 to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability, has been introduced in the U.S. House of Representatives and is scheduled for a vote on the floor Thursday. The sections for mortgage modification in chapter 13 bankruptcy are in the first part of the bill.  H.R. 1106 incorporates H.R. 200 [...]

Mortgage Modification in Bankruptcy Bill to House Floor Wednesday »

HR200, a bill pending in Congress to allow for mortgage modification in chapter 13 bankruptcy, may be brought to the floor of the House of Representatives by Wednesday or Thursday of this week.   Supporters should call or fax their members of Congress today or tomorrow.  This law change will help people in foreclosure who don’t [...]

Judicial Mortgage Modification Bill Leaves Unanswered Questions for Bankruptcy Practitioners »

San Francisco bay area bankruptcy attorney Cathy Moran brainstormed with her fellow bankruptcy practitioners today to discuss how judicial modification of home mortgages will work in chapter 13 bankruptcy if pending legislation becomes law.  Moran compiled a list of questions:
What is the risk premium for interest rates?
Is the modification binding if the Chapter 13 is [...]

BLN Founder to Teach Bankruptcy to Solo Lawyers »

Bankruptcy Law Network Co-Founder and Past President Jay S. Fleischman has joined the faculty of Solo Practice University.  He will teach a six-session online course consumer bankruptcy law.
Solo Practice University™ is a new web-based educational community to teach lawyers what they don’t learn in law school about practicing law as solo practitioners.
Jay S. Fleischman is [...]

8 Tips for Dealing with Debt Collectors »

Here are eight nuggets for dealing with debt collectors and resolving your debts pulled from the pages of “Stop Debt Collectors: How to Protect Your Rights and Resolve Your Debts” in today’s edition of Newsday.

Don’t hide
Don’t pay dormant debt
Dispute inflated debts
Stop abusive calls
Don’t cut off communication
Chronicle conversations
Negotiate terms
Don’t drain home equity or nest egg

The Stop [...]

Bankuptcy Appeals Courts Start Electronic Filing »

Most U.S. Courts of Appeals and some Bankruptcy Appellate Panels where bankruptcy appeals are litigated have begun accepting the filing of documents electronically.
Most bankruptcy attorneys are familiar with electronic case filing and will welcome the ability to file their documents online over the Internet instead of mailing documents to far away court clerks.  Most bankruptcy [...]

Utah State Law Library Cites BLN »

A shout out to the Utah State Law Library blog who cited to the Bankruptcy Law Network”
“The Bankruptcy Law Network is a great online resource if you have questions about bankruptcy and want information from a reputable source. The web site content is created and vetted by bankruptcy attorneys and consumer advocates from across [...]

Estimate Your Credit Score Instantly »

Check out Credit Score Compass on the credit.com website.  It is a free online tool to estimate your credit score instantly before you apply for credit.
The estimated score does not count as an inquiry on your credit record.  In fact, you can estimate your credit score without inputting your name or any identifying information.
You are [...]

Mortgage Loan Contracts Must Specify Bankruptcy Attorneys Fees or Fees Disallowed from Proof of Claim »

A mortgage lender does not automatically get to charge you attorneys fees when you file chapter 13 bankruptcy, the fees must be expressly authorized in the loan documents, a Kansas bankruptcy judge has ruled.
Judge Janice Miller Karlin disallowed fees to U.S. Bank, which included $350 in attorneys fees in its proof of claim for a [...]

Job Losses, Home Value Erosion Driving Up Middle Class Bankruptcies »

Bankruptcy Law Network President Jay S. Fleischman of Brooklyn tells New York Times readers that increased bankruptcy filings are caused by job losses and erosion of home values.
“We are seeing debt-collection efforts really being ratcheted up over the last couple of months,” said Fleischman. “What we’re seeing is the debts being sued upon far earlier [...]