Limited Stay Relief Is Automatic In Massachusetts

13 May Limited Stay Relief Is Automatic In Massachusetts

A secured creditor, or its non-attorney representative, may now send account statements and the like to a debtor without first seeking stay relief, so long as the communication does not demand payment or threaten foreclosure or case dismissal.

The secured creditor may also discuss or negotiate a mortgage modifcation with debtor’s counsel, but not directly with the debtor unless counsel agrees in writing.

Court authority is still required to modify a loan secured by bankruptcy estate property.

This is pursuant to the new Standing Order 09-03.

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L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

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