When you file for bankruptcy, you are generally given three choices with regard to a secured debt; that is, a debt that is attached to a lien on something you own.  The Bankruptcy Code specifically deals with reaffirmations and when and how they must occur.  That information appears elsewhere on this site and there is [...]

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A few months ago, Jonathan Ginsberg posted an article on these pages about what happens if you fail to complete a financial management course.
As Jonathan pointed out, if a bankruptcy case is filed without the certificate that you completed the financial management course, and the case is closed without a discharge, most judges will [...]

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A recent bench decision by Maryland Bankruptcy Court Judge Thomas J. Catliota was an important ruling regarding the real party in interest requirement of FRBP 7017.
Americredit Financial Services, Inc., an auto loan servicer, filed a MLS in its own name. Its name appears on the car title as the sole lienholder, it represented that it [...]

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Houses and other property can be sold while someone is in bankruptcy, but there are specific rules that must be followed when you do it. As Brett Weiss said in his article Can I Sell My House While I’m In Bankruptcy?, you must get court approval before property is sold. Until [...]

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How many times may a foreclosing mortgagee reschedule the sale after a bankruptcy is filed?  In Massachusetts, maybe once is enough.
It has been the accepted custom to allow one rescheduled sale, to preserve the status quo in case a bankruptcy filing is quickly dismissed.  But Judge Joel B. Rosenthal’s eyebrows were raised at allegations of [...]

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Bankruptcy Law Network member Kurt O’Keefe wrote an interesting post on this blog about mortgage company abuses. Kurt referenced a story in the Atlanta newspaper about the Atchleys, a Waleska, Georgia couple who filed Chapter 13, and thereafter found themselves subject to multiple motions for relief from stay based on post petition payment [...]

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In my last post, we discussed that a typical foreclosure in California where a chapter 7 bankruptcy is involved, can typically can take up to a year. This article will discuss how that process may even be lengthened.
If you liked that post, then try these…I Filed Chapter 13, But Noticed A Bankruptcy Fee On My [...]

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In most cases, a Bankruptcy will usually delay any foreclosure process. This is because when a bankruptcy case is filed, a restraining order is entered under 11 USC 362 called the Automatic Stay, which prevents any further debt collection efforts against debtors or their property.
If you liked that post, then try these…When Do I Need [...]

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If you crank up your computer this morning to the MSN homepage, you see a featured article called “facing foreclosure - 9 options” written by MSN’s money writer Liz Pulliam Weston. Her 9 options include: Make a budget; consider getting help; check your refinance options; be realistic; get organized. And if a loan modification [...]

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Well, actually you should not be getting any mortgage statements during your Chapter 13 case. But this technical violation might help remind you to make your monthly payments. Even better, this technical violation may provide you the “smoking gun” of evidence that your creditor is violating bankruptcy laws.
If you liked that post, then [...]

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