bankruptcy attorney

Will I Lose the Rental Property I Own If I File For Bankruptcy?

by Peter Orville, Binghamton Bankruptcy Lawyer

You may or may not lose your rental property if you file bankruptcy. The two most important issues are whether the property is producing a positive income and whether the property has any equity, as well as which chapter of bankruptcy you file. Maintaining a rental property is not without its costs. At a minimum, [...]

Mortgage companies often fail to discharge a mortgage, even in the face of a Court order directing them to do so. When you file a Chapter 13 bankruptcy, you often can get rid of your second mortgage if the balance of the first mortgage is greater than your home’s value. If this is the case, [...]

In parts 1, 2 and 3 we discussed how mortgage companies often engage in “double dipping”, how they often fail to send you monthly statements, and they ways in which they misapply monthly mortgage payments during your Chapter 13 case.  Part 4 discusses how a mortgage company can force a homeowner to add escrow to [...]

In Part 1 we discussed how mortgage companies often engage in “double dipping” when you are in a Chapter 13.  Part 2 deals with how mortgage companies commonly fail to send you a monthly statement while you are in a chapter 13 bankruptcy. In many parts of the country, when you file a Chapter 13, you continue to make [...]

You may be able to deduct your student loan payment as an expense on your bankruptcy petition if you file Chapter 7, but usually cannot if you file Chapter 13.  As you probably know, student loan debts are usually not dischargeable in bankruptcy.  That means that if you file a Chapter 7, you will still have to pay [...]