bankruptcyforeclosureblog- We've Moved! June 2, 2011Our new home is http://blog.nolo.com/bankruptcy/.
- Protection From Garnishment for Social Security, Veterans Benefits May 12, 2011A new treasury rule, effective May 1, 2011, will provide more protection to receipients of federal benefits from garnishment of their bank accounts. Garnishment and Federal Benefits: The Basics If a creditor gets a judgment against you, it has various tools to collect on that judgment. One tool allows the creditor to garnish (grab the money in) your bank acc […]
- How and When to Reopen a Bankruptcy Case April 26, 2011Sometimes people want to reopen a closed bankruptcy case because they failed to invoke important procedures while their bankruptcy case was open. Fortunately it's usually possible to reopen the bankruptcy and play catch-up. Common reasons for wanting to reopen a bankruptcy case include: failing to timely file an Official Form 23 (pre-discharge counselin […]
- New Mexico Debt Collection Rule Is a Victory for Debtors April 18, 2011New Mexico's Attorney General will begin enforcing a new Rule which requires debt collectors doing business in New Mexico to (1) make a good faith effort to determine if collection of a debt is time-barred (meaning it is too late to sue for recovery of the debt in court) and (2) if it is time-barred, to so inform the debtor. The collector must also tell […]
- Foreclosures Down, But Not for the Right Reasons April 14, 2011According to RealtyTrac, foreclosures in the first three months of 2011 are trending down as compared to 2010. Foreclosures in January, Februrary, and March of 2011 are down by 27% as compared to foreclosures in the same months of 2010. Unfortunately, most experts agree that this trend is not due to a healthier economy and housing market, but instead to bank […]
- Watch Out For the Newest Foreclosure Scam in California April 12, 2011Scams involving purported mortgage modifications and foreclosure assistance have abounded since the California foreclosure crisis in 2009. The California Department of Real Estate recently warned consumers about the newest version of these scams. (To learn more about foreclosure, check out Nolo's Real Estate & Rental Property area.) In this scam, a […]
- Reestablishing Credit During the Recession March 28, 2011A number of the people I counsel want to know how soon they can restore their credit after bankruptcy. The prerecession standard advice was two years for a credit card with decent interest and four years for a mortgage with indecent interest. But that was then. Now, because so many people have bad credit because of foreclosures, late payments, and bankruptci […]
- Same Sex Couple Files Joint Chapter 13 Bankruptcy Petition March 16, 2011On February 24, 2011, a same-sex couple filed a joint Chapter 13 bankruptcy petition in Los Angeles, California. Why is this big news? Bankruptcy is one of the many (thousands, actually) areas in which same-sex couples are treated differently from opposite-sex couples. Even if a same-sex couple is legally married (for example, the couple lives and marries in […]
- MERS: The Elephant in the Foreclosure Room March 5, 2011If you are a homeowner, chances are that the current owner of your mortgage is an entity known as MERS (Mortgage Electronic Recording System). This is true even though you are making your payments to one of the major banks or a dedicated mortgage servicing company. Nobody borrows from MERS in the first instance but somewhere in the chain of title the likelih […]
- Bankruptcy and Foreclosure March 2, 2011The most common question I get these days is whether filing Chapter 7 or Chapter 13 bankruptcy will stop a foreclosure. Chapter 7 Bankruptcy and Foreclosure The simple answer is, Chapter 7 bankruptcy can keep you in your home for an additional two to three months, and that's about it. But, and it's a big "but," because you will be getting […]
- Reaffirming Car Loans in Bankruptcy February 23, 2011If you file for Chapter 7 bankruptcy, the lender may require you to reaffirm your car loan in order to keep the car. Here's why, and what happens if the reaffirmation agreement is, or is not, approved by the bankruptcy court. When you are making payments on a car, your car note has two different parts -- the promissory note that makes you personally lia […]
- Bankruptcy and Second-Mortgage Liens February 15, 2011If you file for Chapter 7 or Chapter 13 bankruptcy, what happens to second or third mortgages and liens on your home? The real estate crash, and the resulting depreciation in home values, may mean that as a practical matter, many people won't have to worry about those liens. Here's why. The Real Estate Crash Has Resulted in Many Unsecured Second an […]
- Lawsuits Allege Banks Broke Promises to Homeowners Facing Foreclosure February 8, 2011Two recent lawsuits, in Washington and California, use "promissory estoppel" (a legal theory in contract cases) to get monetary damages from banks that broke their promises to homeowners facing foreclosure. The Washington Case: Promissory Estoppel as a Cause of Action Abuses by mortgage banks and servicers committed while dealing with homeowners s […]
- Bankruptcy and Foreclosure: Fighting a Motion to Lift the Automatic Stay January 31, 2011Recently, homeowners are having more success in preventing mortgage lenders from continuing with a foreclosure (by lifting the "automatic stay") after the homeowner has filed for bankruptcy. Bankruptcy's Automatic Stay When you file bankruptcy your creditors must stop all activities related to collecting a debt, with a few exceptions (usually […]
- Massachusetts Court Refuses to Give Clear Title in Foreclosures January 12, 2011In earlier blogs I've mentioned some of the ways that homeowners can resist foreclosures. For at least a year some state and federal courts have favorably entertained homeowner arguments regarding shoddy paperwork, robo-signings, and the inability of those bringing the foreclosure action to "show me the note." As I've noted these decision […]
- We've Moved! June 2, 2011
- thebklawyer
- An error has occurred; the feed is probably down. Try again later.
- Real deal
- PG&E Corporation Chapter 11 Update: Adversary Case February 14, 2019On February 13, 2019, an adversary class action complaint was filed in the PG&E Corporation Chapter 11. The plaintiffs in Case # 19-0300 allege negligence, inverse condemnation, trespass, private nuisance, premises liability, health and safety violations and negligent interference with prospective economic advantage against PG&E Corporation and other […]
- PG&E Corporation Chapter 11 Update: APPOINTMENT OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS February 13, 2019APPOINTMENT OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS BOKF, N.A., as indenture trustee under unsecured bond indentures Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas Western Asset Management Company, LLC NextEra Energy, Inc Roebbelen Contracting, Inc The Davey Tree Expert Company, Davey Tree Surgery Company, and DRG, Inc […]
- PG&E CORPORATION: INTERIM ORDER AUTHORIZING DEBTORS TO OBTAIN SENIOR SECURED, SUPERPRIORITY, POSTPETITION FINANCING February 1, 2019JAN 31, 2019 INTERIM ORDER PURSUANT TO 11 U.S.C. §§ 105,362, 363, 364, 503 AND 507 AND FED. R. BANKR. P.2002, 4001, 6004 AND 9014 (I) AUTHORIZINGDEBTORS TO OBTAIN SENIOR SECURED,SUPERPRIORITY, POSTPETITION FINANCING,(II) GRANTING LIENS AND SUPERPRIORITYCLAIMS, (III) MODIFYING THE AUTOMATICSTAY, (IV) SCHEDULING FINAL HEARING, AND(V) GRANTING RELATED RELIEF […]
- PG&E Corporation: OBJECTION OF THE UNITED STATES TRUSTEE TO DEBTORS’ MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING DEBTOR IN POSSESSION FINANCING January 31, 2019OBJECTION OF THE UNITED STATES TRUSTEE TO DEBTORS’ MOTION FOR INTERIM AND FINAL ORDERS AUTHORIZING DEBTOR IN POSSESSION FINANCING (1/31/2019) ”Here, the Debtors seek authorization to pay a number of fees to the DIP Lenders and/or the DIP Agents, including the fees in the fee letters. As discussed above, the fee letters have been filed under seal. These fe […]
- PG&E Corporation Chapter 11 Update: Adversary Case February 14, 2019
- Unknown Feed
- An error has occurred; the feed is probably down. Try again later.
Advertisements
