As we have been advising our clients for some time, carefully consider and review the credentials of companies that offer relief on your mortgage foreclosure. As was recently reported in the New York Times (see article), there are many companies that offer “too good to be true” results to homeowners facing mortgage difficulties. Gillman & Gillman, LLC, always recommends that NJ Homeowners carefully review their options regarding their mortgage difficulties with an attorney who is experienced in representing individuals and knowing their rights.
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In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks “relief” from the “automatic stay” in…
Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to return Chapter 13 Debtor Vehicle
In a ruling which is sure to have future implications, the Third Circuit Court of Appeals, in In re: Denby-Peterson, No. 18-3562 (3d Cir. 2019), that a secured creditor does…
A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In In re Deveau, (Bankr. E.D. Mass. 12/19/19), Case No. 15-13300, the Bankruptcy Judge, Hon. Frank J. Bailey, was faced with a complicated set of facts and a Chapter 7 Trustee who sought the Court's approval of a potential settlement of a claim. The Judge ultimately did not approve a settlement between the Trustee with an insurance carrier who had previously denied coverage to the debtor.