2007
2007
2007
To enable a fresh start, debtors often seek to avoid judicial liens that impair a claimed homestead exemption. With adjustable-rate mortgages, rising credit costs and increasing delinquencies, there is likely to be more activity in this mot…
2006
Editor's Note: Part I was published in the May 2006 issue and Part II was published in the June 2006 issue of the ABI Journal. With an understanding of how post-confirmation fees and charges can arise and why no attempt to collect those fee…
2006
Editor's Note: Part I was published in the May 2006 issue of the ABI Journal. Part II examines the legality of a mortgage creditor's attempts at post-closing collection of mortgage-related fees and charges incurred during the pendency of a …
2006
Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a hom…
2006
"Home foreclosure" is the phrase probably most feared by homeowners in financial distress. Repossessed cars can be explained away as sold, totaled or loaned. Repossessed appliances discreetly disappear, spirited quickly away by a couple of …
2005
In the past, traditional mortgage lenders automatically rejected people who had declared personal bankruptcy. Many potential homebuyers felt they must wait at least seven to 10 years after a bankruptcy to be eligible to become homeowners. M…
2005
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