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Consumer Financial Protection Bureau Changes Forms

The Consumer Financial Protection Bureau (CFPB) recently released mortgage forms that could help clear up some confusion for borrowers. According to Bloomburg, the CFPB wants to make the mortgage process easier to understand and fully inform consumers about loan costs and risks. Through simple disclosure forms the CFPB will change the calculation of the annual [...]

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The Trustee’s Ability to Abandon Property

Once a debtor files for bankruptcy, a trustee is assigned to supervise the administration of estate and to make sure creditors are treated fairly. Sometimes, however, there is property that enters the estate that has no value or benefit to the trustee. Generally, this is because it is not economical for the trustee to hold [...]

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Disposition of Collateral in a Foreclosure Sale

Sometimes when things don’t go as planned, a secured party may have to dispose of the debtor’s collateral to ensure payment. If the debtor is in default under the terms of the security agreement and the secured party has possession of the collateral, a foreclosure sale is most likely on the horizon. In theory the [...]

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Homeowners Aren’t The Only Ones Benefitting From HARP

The government program HARP seems to not only be helping homeowners but big banks, as well. Last year HARP was restructured in an effort to help homeowners refinance with lower interest rates, however, banks are starting to see increases in revenue as a result.   $12 Billion in Revenue According to the Wall Street Journal [...]

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State Law Insolvency Proceedings in Bankruptcy

State law insolvency proceedings have one attribute in common with bankruptcy: They are designed to enable the debtor to deal with creditors as a group to achieve an overall settlement of their claims. However, bankruptcy is a much more powerful and pervasive remedy and should not be taken lightly. While the Bankruptcy Code confers extraordinary [...]

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When a Secured Party Wrongly Declares a Default

Although enforcement is mostly a private matter under Article 9 of the UCC, when the secured party decides what steps it want to take when the default occurs, the debtor is not without protection. The debtor’s protection resides in his right to insist that the secured party does not overstep the bounds laid down in [...]

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Orlando Attorneys on Chapter 7 Bankruptcy

Central Florida bankruptcy attorneys Eric Lanigan and Roddy Lanigan hear it every day: “What are the pros and cons of filing Chapter 7 Bankruptcy?”  The Pros The positive side of filing Chapter 7 bankruptcy is the absolute relief from overwhelming debt. It is immediate from the date that the bankrupty is filed in court. You won’t [...]

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Choose an Experienced Foreclosure or Bankruptcy Attorney

Cost Should Not Be the Only Factor One of the hardest steps for those preparing to file bankruptcy or handle a foreclosure defense is deciding which lawyer to hire. Cost is unfortunately a major deciding factor because there is usually a money or budgeting issue at the time a person decides to file bankruptcy or [...]

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Non-Contingent Liquidated Debt in Bankruptcy

Chapter 13 provides not only that the debt within the bankruptcy be within the prescribed limits but also must be BOTH non-contingent and liquidated. Contingent means something that is dependent on some future occurrence that is not certain to occur. For example, if you make a bet in May that the Rays will win the [...]

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Rules for Successive Bankruptcy Filings

There are different rules on when a debtor may file successive bankruptcy petitions after being granted a discharge depending on the previous chapter filed. If the previous bankruptcy was a Chapter 7 and the new filing is a Chapter 7 or 11 then the debtor must wait 8 years from petition to petition. Bankruptcy lawyer [...]

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