May09
I have a case where the creditor’s attorney sent me a Reaffirmation Agreement. I had never had a creditor’s attorney try to have the creditor’s debt reaffirmed. Moreover, the creditor is over-secured with a deed of trust lien on the debtors’ principle residence. I read Section 524(c)(1) of the Bankruptcy Code. […]
Apr30
April 30, 2009 by senatus Senators have defeated an amendment offered by Senator Dick Durbin (D-IL) to the Helping Families Save Their Homes Act (S. 896) by a vote of 45 to 51. It was subject to a 60-vote threshold. This is the so-called “cramdown” amendment which would allow bankruptcy judges to modify mortgage […]
By Brian Allen
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Filed under Bankruptcy Code, Bankruptcy Trends, Chapter 13 Bankruptcy, Chapter 13 Plans, Chapter 7 Bankruptcy, Debt Collection, Housing Crises, Interest, Of Interest, Plan Payments, The Economy, Uncategorized
Apr18
First and foremost in most people’s minds is they want peace of mind. Yes, the filing of a bankruptcy case will stop the creditors’ harassment. If creditors continue harassing the debtor after his or her bankruptcy case is filed, the creditor can be sued in bankruptcy court for money damages. Most good people need to […]
Apr03
This article is limited to a cram down of an automobile, such as a car or truck in a Chapter 13 bankruptcy case. The Bankruptcy Code in its current version has at least two statutes for Chapter 13 cram downs. The first statute is 11 U.S.C. Section 506. This section allows the debtor […]
Mar18
HOW SENATE BILL 61 WOULD SAVE HOMES FROM FORECLOSURE AT NO COST TO TAXPAYERS
How big is the home foreclosure problem now?
Our country is facing a foreclosure crisis that is unprecedented. Home mortgage
payments have risen dramatically in the last few years, making it impossible for more and
more homeowners to afford to keep their homes. More than 6,600 family […]
By Brian Allen
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Filed under About J. Brian Allen, Automatic Stay, Bankruptcy Code, Bankruptcy Courts, Bankruptcy Trends, Case Law, Chapter 13 Bankruptcy, Chapter 13 Plans, Debt Collection, Housing Crises, Important Terms, Interest, Of Interest, The Economy, Uncategorized
