"Foreclosure Defense" - Time to Review Assumptions?

The issuance by the Floirda Third District Court of Appeals in Miami of the recent decision in Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575, may be an appropriate time to review what actions a Miami homeowner that seeks to save their home from foreclosure.

No Stripping Allowed: Supreme Court Rules that Chapter 7 Debtor Cannot Strip Off a Junior Lien

On June 1, 2015, the United States Supreme Court decided Bank of America v. Caulkett, No. 13-1421, together with Bank of America v. Toledo-Cardona, No. 14-163, holding unanimously that a Chapter 7 bankruptcy debtor cannot “strip off” a junior lien.

Student Loans, Debtfare and the Poverty Industry

Susanne Soederberg, a professor of political studies and global development studies at Queen’s University in Canada, is calling for the student loan industry to be, “revealed, attacked, and uprooted.”
In her article on Dollars & Sense, Soederberg says the educational finance is not part of the natural order of things. Rather, it’s part of the poverty industry, which

Filing for Bankruptcy Relief

only file bankruptcy if beneficialFiling for bankruptcy is actually a very serious step and, unless properly approached, may lead to unfortunate consequences. Bankruptcy should only be filed when appropriate.

Filing for Bankruptcy Relief

only file bankruptcy if beneficialFiling for bankruptcy is actually a very serious step and, unless properly approached, may lead to unfortunate consequences. Bankruptcy should only be filed when appropriate.

Foreclosure Mediation Program for Oregon Debtors

An Oregon foreclosure mediation program has undeniably helped many debtors find a way to stay in their homes. The program provides Oregonians with a chance to meet with lenders in order to find ways avoid a foreclosure. The latest data from the Oregon Department of Justice show that since the program’s inception, more than 1,700 Oregonians have used it to reach agreements with their banks.

Electronic Chapter 13 Plan Payments to the Portland Chapter 13 Trustee

Probably the worst way for any Portland area Chapter 13 Bankruptcy Debtor to make a monthly payment is out of pocket.  If you have a regular job this isn’t a problem, the payment is just deducted from you wages and you never falls behind. Up to now self-employed debtors haven’t had any options other than to obtain checks and mail them once a month. The success rate in Chapter 13 Bankruptcy for debtors taking this route has been abysmal but up to now there hasn’t been any other options.

Transfers Before a Bankruptcy

There are several provisions that address transfers before a bankruptcy case - federal bankruptcy statutes, state statutes, and state common law. Transfers that violate these rules are subject to avoidance and the involved parties may face other serious penalties.

Transfers Before a Bankruptcy

There are several provisions that address transfers before a bankruptcy case - federal bankruptcy statutes, state statutes, and state common law. Transfers that violate these rules are subject to avoidance and the involved parties may face other serious penalties.

Getting Out Of Your Mortgage Debt With Bankruptcy

With so many Americans underwater with their homes, it should not be surprising that many people have elected to walk away from their homes and file for bankruptcy. Chapter 7 bankruptcy allows for the liquidation of property, real and personal. The debtor has the opportunity in a chapter 7 bankruptcy case to surrender items that+ Read More

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