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Mortgage Company Violating Discharge Injunction

All too often a client completes a chapter 13 bankruptcy and immediately receives a letter from the mortgage company that the mortgage payment is still behind. This could be a violation of the bankruptcy discharge injunction by the mortgage company. It could lead to a...

Strip Off Junior Mortgage in Chapter 7?

The United States Supreme Court yesterday ruled that someone in chapter 7 bankruptcy cannot “strip off” a second or junior mortgage even if there is no value in the property securing the mortgage. An article about the case is available here.  Those of you...

Chapter 13 Funds On Hand at Conversion

So you filed chapter 13 bankruptcy but later decide to convert your case to a chapter 7 case. What happens to the money that the chapter 13 trustee is holding in your chapter 13 account? Before now there was a difference of opinions among chapter 13 trustees, and...

Banks Erase Debt from Credit Reports

Bank of American and JPMorgan Chase have agreed to erase debts from credit reports after bankruptcies. You can read this article in the New York Times. This will be welcomed news for individuals who received a discharge in a chapter 7 or chapter 13 bankruptcy, but are...

What If You Lie to Bankruptcy Court?

When you file bankruptcy you have to complete documents called a petition and schedule where you identify for the the bankruptcy court all of your debts and assets? But what happens if you intentionally conceal assets? One Florida couple found out the hard way. Lying...
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