"Foreclosure Defense" - Now What ?

mortgage foreclosure statute of limitationsA few days ago, the Third District Court of Appeals in Miami, made an important ruling regarding mortgage foreclosures.  It is important to note, what the Court generally did rule and did not rule.

"Foreclosure Defense" - Now What ?

mortgage foreclosure statute of limitationsOn December 17, 2014,  the Florida Third District Court of Appeals in Miami, made an important ruling regarding mortgage foreclosures, including statute of limitation related issues.

Peter McKittrick Appointed Judge of U.S. Bankruptcy Court in Oregon

The United States Court of Appeals for the Ninth Circuit has appointed of Portland attorney Peter C. McKittrick as a U.S. Bankruptcy Judge for the District of Oregon. Mr. McKittrick will fill a vacancy left in the wake the retirement of Bankruptcy Judge Elizabeth L. Perris.

Will Bankruptcy Get Rid Of My Student Loans?


Bankruptcy Courts Make It Tough To Rid Student Loans

Enforcement of Mortgage Note Barred, But Mortgage Lien Remains

On December 17, 2014, the Florida Third District Court of Appeals issued its decision on a very important foreclosure issue in the case of Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575.  In this case, the Court held that the enforcement of the mortgage note was barred by the statute of limitations but the mortgage lien is not null and void as its validity is governed by the separate statute of repose.

Foreclosure Action Barred - But Mortgage Note and Lien Still Valid

On December 17, 2014, the Florida Third District Court of Appeals issued its decision addressing extremely pertinent mortgage foreclosure issues in the case of Deutsche B

When Not to File for Bankruptcy - 10 Examples

Filing for bankruptcy is actually a very serious step and, unless properly approached, may lead to unfortunate consequences. Bankruptcy is filed in a U.S Bankruptcy Court - a Court that actually has so much power that it can actually stop the U.S. Supreme Court from acting - let alone virtually almost all Court in the entire United States  and in theory possibly any Court in the world.

Chapter 13 Bankruptcy Forms: Do You Know What Is Missing?

When it comes down to consumer bankruptcy, the official forms do a pretty good job of setting forth the facts of the case, the assets involved in the case, the liabilities in the case, and the debtor’s statement of financial affairs. However, there is a very important document that is missing from the official forms,+ Read More

Loan Mod–Even At the Last Minute, Bankruptcy Worked

This time bankruptcy worked better than I hoped John and Val filed a Chapter 7 bankruptcy with me in 2004.  A lot of their problem then was medical bills. John’s health continued to decline.   When they came to see me in 2012, he was disabled.  He was confined to a wheel chair.

Supreme Court Grants Certiorari on Chapter 13 Bankruptcy Appeal Issue

Last week, the United States Supreme Court granted the writ of certiori in the case of Bullard v. Hyde

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