Student loans made before 1998 were given new life by Congress when it eliminated the seven year discharge rule in 1998. The United States Court of Appeals for the 9th Circuit recently affirmed the right of Congress to modify discharge rules after the loan was taken out.
Prior to the change in 1998, a student [...]

Popularity: 45% [?]

The 9th Circuit Bankruptcy Appellate Panel has just decided Ransom, holding that a debtor cannot take an ownership allowance with respect to a car that is lien free.
Like so much of the poorly written BAPCPA, the means test provision for an “ownership allowance” has been subject to contrary court decisions.  The issue is whether a [...]

Popularity: 34% [?]

When a debtor in a chapter 13 case passes this life, the court has discretion to proceed with the case, according to Bankruptcy Rule 1016 “if further administration is possible and in the best interest of the parties”.  Kansas Bankruptcy Attorney Jill Michaux wrote  how this issue touched the family of her client Sharon who [...]

Popularity: 23% [?]

Statutory foreclosure procedure in Massachusetts requires two weeks’ advance notice to the borrower by certified mail and two weekly classified advertisements at least one week before the foreclosure sale. The sale is considered complete when the memorandum of sale is signed at the foreclosure sale’s auction, even if the successful bidder has 30 [...]

Popularity: 24% [?]

The Massachusetts Homestead Statute appears on its face to prohibit the protection of manufactured homes on a leased lot unless the owner is disabled or over 62. So ruled U.S. Bankruptcy Judge William C. Hillman in In re Kelly in 2005. It wasn’t appealed, and it was followed by U.S. Bankruptcy Judge Joel [...]

Popularity: 20% [?]

For the sake of safe-guarding the due process rights of creditors involved in bankruptcy proceedings in the Western District of Pennsylvania, local rules of procedure require debtors to list each and every creditor by name as respondents in Motions which affect their rights.  The rule was instituted shortly after BAPCPA took effect on October 17, 2005 [...]

Popularity: 27% [?]

When filing for bankruptcy protection under Chapter 7, of paramount concern to many debtors is the status of their vehicles.  There three primary options expressly endorsed by the United States Bankruptcy Code:

Reaffirmation.  Reaffirmation is governed principally by Section 524(c) of the Code.  Of concern in post-BAPCPA cases in the vehicle context is the manner in [...]

Popularity: 81% [?]

On July 31, 2007, Governor Charlie Crist amended one of Florida’s exemption laws, Florida Statute 222.25(4).  This amendment created more questions than it answered.  By amending the existing statute, Governor Crist changed bankruptcy practice as we knew it in Florida.  The law added a personal property exemption of $4,000.00, but was only applicable to those residents [...]

Popularity: 31% [?]

Your household size can be a critical factor in determining whether you can file a Chapter 7 bankruptcy case or how much you need to pay in a Chapter 13 case.  Household size is the starting point in figuring out if you are above or below the median income for your state.  The larger the [...]

Popularity: 46% [?]

On May 14, 2007, the United States Bankruptcy Court for the Southern District of Florida held that an escrow shortage regarding which Countrywide failed to timely and properly notify the Debtor and/or Counsel for the Debtor pursuant to the Real Estate Settlement Procedures Act (RESPA) should be deemed waived such that Countrywide may not now [...]

Popularity: 36% [?]