The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their relief from stay papers filed in the bankruptcy don’t add up. The mortgage balance is one thing here, and other thing there. They file a declaration under penalty of perjury saying they have the note, followed within […]
Was Your Credit Score Trampled By Unwanted Wells Fargo Accounts
Fake Wells Fargo accounts opened without consent may adversely affect victims’ credit scores. Are you affected? Wells Fargo employees opened an estimated 500,000 unauthorized credit card accounts and more than 1 million deposit accounts. Your credit score is figured in part on new credit accounts and available credit. If you banked with Wells Fargo, […]
Costs of Incarcerated Kid Dischargeable in Bankruptcy
Bankruptcy “reform” a decade ago expanded protections for those owed family support. Any debt “in the nature of support” can’t be discharged in bankruptcy, regardless of to whom it’s owed. Orange County tried to ride that change in the law to make its claim against the mother of a kid in juvie survive her bankruptcy. Last week, the 9th Circuit […]
Melania Trump Sold The American Dream Short
The infamous Melania Trump speech at the Republican convention shared more than a paragraph or so with Michelle Obama. It shared Michelle’s aspirational thought that in America, any child with hard work and perseverance can succeed. “The only limit to your achievements is the strength of your dreams and your willingness to work hard for […]
Not Too Late To Strip Mortgage Lien
It’s never too late to value a lien and avoid it in bankruptcy. Even after the Chapter 13 case is done and closed. So says the 9th Circuit Bankruptcy Appellate Panel in Chagolla, decided February 9, 2016. In the absence of prejudicial delay, we find that a motion to value and avoid the lien of a junior […]
Who Gets To Choose Your Bankruptcy Chapter?
Does someone other than the debtor get to choose which chapter a bankruptcy case is filed under? Some seem to think so. There’s an ongoing tug of war in the courts between the bankruptcy establishment on one side and debtors and their lawyers on the other about whether a Chapter 13 that pays only the attorneys […]
The Realtor’s Guide To Home Sales In Bankruptcy
Sooner or later, every realtor will encounter a property involved in a bankruptcy case. Or a property that could escape foreclosure and sell, using bankruptcy. Bankruptcy’s a different world when it comes to real estate. It pays to know how to deal. Let’s walk through the principles and procedures involved when buying or selling real […]
The Struggle To Surrender Underwater Real Estate
How difficult it can be to surrender real property in bankruptcy when you have no hope of paying for it. After all, the lender takes a mortgage on the property so they can take it from you if you don’t pay. My client’s bankruptcy plan said he would make no payments on the rental’s mortgage […]
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