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The Bankruptcy Law Office of Robert Weed led all attorneys in Virginia Chapter 7 bankruptcy case filings in 2013. That fact was announced just recently by 722 Redemption Funding, a company that finances cars for people in or just out of chapter 7 bankruptcy. You can see their full report here. For most people […]The post Virginia Chapter 7 Bankruptcy appeared first on Robert Weed.
You can stop your mortgage foreclosure by filing a chapter 13 bankruptcy under most circumstances. Chapter 13 will give you an opportunity to apply for a mortgage modification while under the protection of the Bankruptcy Court.
A chapter 13 bankruptcy must be filed before the foreclosure sale takes place if desire to save your real property. Under chapter 13 you are required to present a plan of reorganization.
Mortgage Modification
In Chapter 13 you are able to use the Bankruptcy Court's new "LMM" program - Loss Mitigation Mediation. You and the mortgage company are able to communicate over a special internet portal so documents do not get lost.
WipeOut "Under-Water" Second Mortgages
Under chapter 13 bankruptcy, you can avoid or wipe-out your second mortgage if it is wholly "under-water." (305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases.
Beyond experience, what should you look for in a bankruptcy lawyer?
When I first started practicing bankruptcy law, my clients didn’t seem to know what to expect of me.
They told me stories of meeting with other bankruptcy attorneys in their quest to get some help, and what they’d experienced.
First there was the story of the attorney who had put his desk on a thick concrete slab so he could look down on his clients.
Then there was the one another the lawyer who stared at his computer screen the entire time, never looking at the person sitting in front of him.
And the attorney who spent half the time on the phone with other clients.
That’s just not acceptable, and I can’t believe that these three people are still practicing bankruptcy law (they are – I see them in court on a regular basis).
Here’s what you should expect from your bankruptcy lawyer:
- Full attention. Whether you’re on the phone with your attorney or sitting in their office, you should get 100% of that person’s attention. Period. No other phone calls, no email checking, no diversions whatsoever.
- Patience. Chances are pretty good that you’ve never been through this before, so it’s natural to have questions. Sometimes, a lot of questions. Often, the same questions arise repeatedly. If your lawyer rushes you out the door, it’s a good idea to look elsewhere.
- Plain English. This is your financial life on the line, not mine. Therefore, you get to make the decisions – all of them. I can make recommendations, but I’m not going to put myself in the driver’s seat when it comes to choosing a course of action. In order for you to be able to make an educated and rational decision about your case, you’ve got to fully understand what’s going on. Unless you’re a lawyer, that means your attorney should always talk using language you can understand rather than legalese.
- Reliability. If I tell you that I’m going to have your bankruptcy court papers ready for your signature on Tuesday, you can rest assured that they will be ready on Tuesday. Not Wednesday, and not Friday. And if I say I’ll meet you in court at 9:00am, I’ll be there at 9:00am (probably even a few minutes early). Though things come up that may make me change the timeframe, those are the exceptions rather than the rule.
- Responsiveness. If you call or email your attorney, you should get a response. You may not get your lawyer on the phone when you call (you’ll seldom get me to pick up the phone when it rings because I’m working on another client’s matter, and that requires my full attention just the same way that you do) but you should get an answer in a reliable amount of time. I handle this by scheduling return phone calls, but other lawyers may deal with it differently.
- Experience. Does your bankruptcy lawyer reply to every query with, “it depends”? Do they sit with a bankruptcy manual open in front of them all the time, flipping through pages whenever you talk? Though no bankruptcy lawyer can have a ready answer to every problem, the one you choose should be conversant in how bankruptcy operates and the impact it will have on your financial world. Even a relatively new practitioner should have a mentor or supportive network of other attorneys ready to help out with thorny issues.
Hiring a bankruptcy attorney is no simple task. There are dozens in most areas, and at first blush it’s hard to distinguish among them. But take the time to talk with a few to make sure you’re getting the best fit for your needs.
Jesse Barrientes: What are the requirements for filing a Chapter 7, the pre-filing requirements? David Siegel: Yeah, before a case can be filed, the individual has to go through certain requirements and the first of which is they must take a credit counseling session. Jesse Barrientes: What does that consist of? David Siegel: The credit+ Read MoreThe post What Are The Requirements For Filing A Chapter 7 Bankruptcy? appeared first on David M. Siegel.
Bringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for April 3rd, 2014 Bankruptcy for Twin Cities Archdiocese considered Oksana Grigorieva Questioned By Bankruptcy Trustee About Her Expenses North Adams Regional Hospital files for bankruptcy liquidation, but work to reopen ER continues
One of the best ways to learn more about your options when considering filing bankruptcy is to do your homework by researching what is available. You can also discuss your situation with a qualified bankruptcy attorney that can provide further insight to help you make an informed decision. Even though you may feel as if […]
The Bankruptcy Courts in Miami has recently started a new program to help people get a mortgage modification in your to help them save their home from foreclosure with the assistance of the bankruptcy court as part of their chapter 13 bankruptcy case. Most of the time, the homeowner seeks to modify their first mortgage and is able to wipe out their second mortgage as the second mortgage is "underwater"
The program is called "Loss Mitigation Mediation" (LMM). It is available for homeowners and certain investment property owners who are seeking a modification of their mortgage and may be facing foreclosure of the mortgages on their property. As part of the LMM program, the Bankruptcy Court appoints a meditor to assist the parties in reaching an agreement. LMM has been successful in about 80% of the cases in other parts of Florida that previously instituted the program. One advantage of this program is that it provides for better communication with the mortgage lender in the process of negotiating a mortgage modification. A mediator is appointed by the Bankruptcy Court to help the parties negotiate an agreement.
As part of this process, an order is issued by the Bankruptcy Court requiring your mortgage lender to register with the internet portal and negotiate with you for a mortgage modification. The documents that are needed for the mortgage company to consider the mortgage for a modification are submitted on an internet portal for better communications. \ All communications between the parties is done through the LMM Portal. After the order is entered the homeowner, mortgage lender and mediator communicate and meet to mediate a modification. In the meeting, all parties must be really and able to settle all matters.(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases.
Recent Developments in the Collection of Deficiency Judgments after Mortgage Foreclosure
For the past 30 years in Miami-Dade County, Florida, large mortgage companies and banks have virtually never pursued a "deficiency" judgment after a mortgage foreclosure on a first mortgage. The best advice at the time was not to be concerned about a deficiency judgment.
Recently though, things have apparently changed. I recently conferred with a client who received a letter from a company that bought the right to pursue a deficiency after a foreclosure sale. It threatened to sue them for an alleged $200,000 deficiency.
The law firm that wrote the threatening letter was a reputable law firm. I checked out the company that held the debt. It was actually a legitimate company - Dyck O'Neal, Inc. - in Texas - engaged in the business of buying up bad debt of various types for pennies on the dollars for many years.
Deficiency Judgment
A typical residential mortgage foreclosure action usually only seeks a judgment setting a foreclosure sale of the real estate. It does not seek a "money judgment" upon which the mortgage company can seek "execution" or collection of the sum of due. This judgment of foreclosure only allows the mortgage lender to set a foreclosure sale. A deficiency judgment can be pursued like any other judgment for a debt.
Limitation on Amount of Deficiency
The new "Florida Fair Foreclosure Act" effective on June 7, 2013 provides a limitation on the amount to be allowed as a deficiency regarding foreclosures of owner-occupied residential real estate. The amount to be awarded may not exceed the difference between the foreclosure judgment amount (or in the case of a short sale, the outstanding debt) and the fair market value of the property on the date of the foreclosure sale.
One-Year Statue of Limitations to Seek Deficiency Judgment
The new act also provides in Florida Section 95.11(5)(h) that for actions file on and after July 1, 2013, a claim of deficiency, subsequent to the foreclosure of one-to-four family residential properties, must be filed within one year from the day after (1) the certificate of title is issued or (2) the mortgage lender accept a deed-in-lieu of foreclosure. For other actions, a deficiency claim must be brought by the earlier of (1) five years after such action accrued or (2) by July 1, 2014.
(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases.
The bankruptcy code allows debtors the option of representing themselves, also known as a “pro se” debtor. Yet, just because you can file on your own doesn’t mean it is always the best idea. In many cases you should complete the process with an experienced bankruptcy attorney. To understand this further it helps to get […]
The Typical Co-Debtor Protection In most circumstances, when only one co-debtor files for bankruptcy protection, the non-filing co-debtor usually can maintain the property provided that the co-debtor continues to make timely payments. An interesting situation arose in a recent case. The particular property is a boat. Husband and wife both signed for and are responsible+ Read MoreThe post What Happens When Only One Co-Debtor Files For Bankruptcy? appeared first on David M. Siegel.