New HAMP Handbook

On August 17, 2012, the new Making Home Affordable handbook 4.0 for non-GSE mortgages was released.

Jordan E. Bublick, Miami and Palm Beach, Florida, Attorney at Law, Practice Limited to Bankruptcy Law, Member of the Florida Bar since 1983

HAMP Case Law

Wright v. Bank of Am., N.A., No. 10-cv-1723, 2010 U.S. Dist. LEXIS 73807, at *9-15 (N.D. Cal. July 22, 2010) - July 22, 2010, Judge Jeremy Fogel, of the United States District Court for the Northern District of California, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.

Bankruptcy practice reminder: Complaints require “well-pleaded factual allegations,” not just legal conclusions

Moyer v Koster et al (In re Przybysz), Adv. Pro. Case No. 12-80174 (Hon. Scott W. Dales, Sept. 25, 2012).
A recent decision from the Bankruptcy Court of the Western District of Michigan serves as a lesson and reminder to attorneys that complaints must do more than recite legal conclusions – they also must allege sufficient facts to put defendants on notice of the claims and of possible defenses. Read More ›

Replacing a Lost Social Security Card Prior to Bankruptcy

Filing any type of bankruptcy will require you to attend a 341 meeting – often referred to as the meeting of creditors, though creditors rarely make an appearance.  If you filed a Chapter 7 or Chapter 13 bankruptcy, the trustee administering your case will conduct the hearing.

Bankruptcy Judges

I'd like to share a paper that I wrote earlier this year for ABI's student writing competition.  It's about the lack of life tenure for Bankruptcy Judges.

What Happens to RC Willey in Bankruptcy?

RC Willey is a very common creditor of bankruptcy filers. However, RC Willey is not your common unsecured creditor. Rather, RC Willey is a secured creditor, like the lien holder on your car or home. As a secured creditor, RC Willey has the right to repossess the collateral (the items you purchased) if you stop making payments, even if you have filed bankruptcy. RC Willey is often the only creditor to show up to the 341 meeting of creditors with the bankruptcy trustee.

3 Ways To Stop Being “Desperate But Not Serious” About Avoiding Bad Financial Choices

Living from paycheck to paycheck?  Had a major expense recently but not enough funds to cover it?  Are you frequently overdrawn at the bank?  Being desperate for cash can turn you into a victim.  Here are three things to do to avoid letting desperation keep you broke.
 
EVEN IF YOU ARE DESPERATE DON’T GET PAYDAY LOANS

3 Ways To Stop Being “Desperate But Not Serious” About Avoiding Bad Financial Choices

Living from paycheck to paycheck?  Had a major expense recently but not enough funds to cover it?  Are you frequently overdrawn at the bank?  Being desperate for cash can turn you into a victim.  Here are three things to do to avoid letting desperation keep you broke.
 
EVEN IF YOU ARE DESPERATE DON’T GET PAYDAY LOANS

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