Second Foreclosure Case and Quiet Title Action

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Second Foreclosure Case and Quiet Title Action

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Second Foreclosure Case and Quiet Title Action

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Second Foreclosure Case and Quiet Title Action

A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments.

Discover Bank to Pay $18.5 M for Illegal Student Loan Servicing Practices

Greed - signAccording to the Consumer Financial Protection Bureau (CFPB) “Discover created student debt stress for borrowers by inflating their bills and misleading them about important benefits,” said CFPB Director Richard Cordray.

Why FCRA and FDCPA Cases in the General District Court

I hate it when companies do illegal stuff to my customers. I’m a personal bankruptcy lawyer. I love being a bankruptcy lawyer, because I can help almost everyone I see.  I love being able to help people get back on their feet. And I hate it, when companies do illegal stuff to my customers.

Chapter 7 Bankruptcy Answers

Chicago bankruptcy attorney David M. Siegel answers a few important questions pertaining to Chapter 7 bankruptcy.  The questions were made a part of the Legal Action television show which airs in the Chicago market. Whats a Chapter 7 Bankruptcy?  Interviewer: What’s a Chapter 7? David Siegel: Chapter 7 is the most common form of bankruptcy.  About 75+ Read More

Supreme Court denies the ability of a Chapter 7 debtor to strip away an unsecured second mortgage

In a recent bankruptcy decision, Bank of America v. Caulkett, the Supreme Court denied a chapter 7 debtor's attempt to strip away or discharge an unsecured second mortgage in a chapter 7 bankruptcy filing.

The debtor, Mr. Caulkett, owned a house in Florida. The house was subject to a first mortgage in the amount of $183,264, the house had a fair market value of $98,000 and was subject to a second mortgage in the amount of $47,855, that was held by the Bank of America.

Open Case or Re-Opened Case: A Distinction Without a Difference

Sixth Circuit Affirms Bankruptcy Court Order Allowing Amended Exemptions Following Re-Opening of Case
In a Chapter 7 bankruptcy case, a debtor is required to file a schedule listing all of the debtor’s property. This includes cash, hard assets such as furniture and cars, as well as intangibles such as causes of action or potential causes of action. The Bankruptcy Code allows debtors to “exempt” certain types of property from the estate, enabling them to retain exempted assets post-bankruptcy.

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