Here is a brief outline of a recent presentation that I gave to the American Bankruptcy Law Forum: When Can Student Loans Be Discharged in Bankruptcy The Special Restriction on Dischargeability Applies to Most Student Loans Chapter 7 eliminates most of a debtor’s unsecured debts with certain statutory exceptions. 11 U.S.C. 523(a)(8) Unless excepting such […]
So, the question is “My home is in foreclosure and the bank has offered to do a deed in lieu,” but would a bankruptcy be better? The short answer is: Well, it depends. (as usual) The longer answer is: A deed in lieu of foreclosure is a real choice where the home mortgage is the […]
Short Answer: 10 years Longer Answer: While it is true that individuals that have filed a bankruptcy petition confront a difficult time for obtaining credit, at least in the first few months after bankruptcy. most of the time this time period is very short lived. One of the largest credit bureaus in the United States […]
You should contact your attorney quickly so that he or she can get in contact with the trustee in your case. You may also be permitted to have a person with intimate knowledge of your situation appear on your behalf if you are truly unable to attend, and have executed a power of attorney for […]
The short answer is, you are not eligible to file if within the last 180 days you have had a prior case dismissed for “cause” or you obtained a voluntary dismissal after a creditor’s filing of a relief from stay. The Longer answer is that: One limitation exists on the right to file under Chapter […]
I am often asked, so who can file bankruptcy? The answer is that any individual residing, domiciled, or having property or a place of business in the United States has the right to file a chapter 7 bankruptcy. That is according to 11 U.S.C. section 109. To be eligible, the individual must have received a […]
With mortgage interest rates record lows, many homeowners are scrambling to lock in savings by refinancing. In addition, according to some data, nearly 2.2 million homeowners have refinanced a mortgage at least twice since 2009. Some borrowers are being enticed by lenders offering to waive some or all of the closing costs associated with a […]
US operations of noted game maker Atari has filed for Chapter 11 bankruptcy protection so that it may separate itself from its parent company. The History Behind Atari Founded in 1972, Atari helped launch the modern videogame industry with iconic games such as missile command Paul and space invaders. It began the home video game […]
Amid talks of Mexico’s Grupo Bimbo purchasing Hostess Brands, Inc. the Bakery and Confectionery Union and Industry International Pension Fund have hired Gordian Group. Gordian Group is an investment bank that specializes in cases similar to the Hostess situation. You will recall that Hostess Brands, Inc., filed for a liquidation bankruptcy after the Baker’s Union […]
Even when homeowners pay on time banks and loan companies sometimes charge late fees. Robo signing is one type of mortgage fraud that has received a lot of attention in the press as the loan companies find many ways to speed up the foreclosure process and generate revenue at a homeowners expense. According to the […]