Chapter 7 and 13 Consumer Bankruptcy and Tax Returns
Chapter 7 and 13 Consumer Bankruptcy and Tax Returns

When the Bankruptcy Code was changed in 2005, significant changes were made to the tax return filing requirements for Chapter 7 and Chapter 13 consumer bankruptcy debtors.   The changes increased the need for a Debtor and their counsel to...

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Sheriff’s Sale Adjournments after filing Chapter 7 or Chapter 13 Bankruptcy in New Jersey
Sheriff’s Sale Adjournments after filing Chapter 7 or Chapter 13 Bankruptcy in New Jersey

When a Chapter 7 or a Chapter 13 Bankruptcy is filed and a Sheriff's Sale of a property is scheduled, New Jersey Law does not necessarily require that the mortgage company cancel the Sheriff's Sale.  Instead, the Plaintiff may adjourn...

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Under Pennsylvania Law Anti Modification Provision of Section 1322(b)(2) Does Not Prevent Mortgage Modification Where Mortgagee’s Security Interest in Mobile Home Was Additional Collateral
Under Pennsylvania Law Anti Modification Provision of Section 1322(b)(2) Does Not Prevent Mortgage Modification Where Mortgagee’s Security Interest in Mobile Home Was Additional Collateral

The issue presented to the Court in Jordan v. Greentree Consumer Disc. Co. (In re Jordan), 2009 Bankr. LEXIS 583, 42-43 (Bankr. W.D. Pa. Mar. 27, 2009) was whether the an Section 1322(b)(2) of the United States Bankruptcy Code prevented...

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Senate considering credit card reform bill to protect consumers from abusive credit card interest rate hikes and other practices this week
Senate considering credit card reform bill to protect consumers from abusive credit card interest rate hikes and other practices this week

The U.S. Senate is considering a credit card reform bill this week which is intended to protect consumers from retroactive rate hikes, which would not be regulated under new rules issued by the Federal Reserve, and other abusive, confusing, and...

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Senate Defeat of Legislation to Amend Chapter 13 of the Bankruptcy Code to Allow Modification of Mortgages On Debtors Principal Residence.
Senate Defeat of Legislation to Amend Chapter 13 of the Bankruptcy Code to Allow Modification of Mortgages On Debtors Principal Residence.

Senators have defeated an amendment offered by Senator Dick Durbin (D-IL) to the Helping Families Save Their Homes Act (S. 896) by a vote of 45 to 51 which would have amended Sec. 1322(b)(2) of the United States Bankruptcy Code...

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Chapter 13 Bankruptcy Plan May Permit Modification of Mortgage on Under- Secured Rental Property
Chapter 13 Bankruptcy Plan May Permit Modification of Mortgage on Under- Secured Rental Property

Question: How can I deal with a rental property which is under-secured (value is less than the mortgage(s)) and for which I am not receiving sufficient rent and income to cover the mortgage and monthly expenses? One potential option in...

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Fair Debt Collection Practices Applies to Mortgagee’s Attorneys in Foreclosure Proceedings
Fair Debt Collection Practices Applies to Mortgagee’s Attorneys in Foreclosure Proceedings

Attorneys Who Regularly Engage in Collecting Consumer Debts, Including Those Representing Mortgagees in Foreclosure Proceedings, Are Subject to the Fair Debt Collection Practices Act. The United States Supreme Court in the Matter of Heintz v. Jenkins, 514 U.S. 291, 294-95,...

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