Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part II
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 chapter 13 plan by focusing on
Automatic Termination of the Stay upon Second Filing under 362(c)(3) Are Two Strikes an Out
Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petition for relief after two
Understanding the New Semi-Automatic Stay
One of the primary reasons people file for bankruptcy is to obtain a stay 1 against certain creditor actions. Prior to the enactment of BAPCPA, 2 the stay went into effect the moment the case was filed, hence the term "automatic stay," and continued until the earlier of