No one anticipates that their marriage will result in a divorce, just as no one anticipates that their financial life will result in bankruptcy. Going through a divorce or declaring bankruptcy are stressful enough on their own, but what if both are happening at the...
Bankruptcy
Do you have overwhelming debt? Consider bankruptcy
Choosing to file bankruptcy is not an easy decision, but if you are struggling to pay back significant credit card debt it may be the right option for you.While personal bankruptcy is often stigmatized, no one plans to go bankrupt. Often a life event significantly...
Bankruptcy Filer Keeps Personal Injury Claim
The recent Maryland Court of Appeals case of Morton v. Schlotzhauer involved a personal injury claim brought, at the last minute, by a woman who had filed bankruptcy and failed to list her personal injury claim as an asset. When this oversight was discovered, the...
Bankruptcy Filer Without Attorney Unsuccessful in Completely Avoiding Lien
Terren Curtis thought he was smart enough to act as his own attorney in a bankruptcy case. Admittedly he was pretty smart; smart enough to appeal a bankruptcy court decision to the U.S. District Court. Unfortunately, he still lost his appeal. Mr. Curtis simply did not...
Student Loans in Bankruptcy
An oldie but a goodie - this New York Times article talks about the difficulty in getting rid of student loans in bankruptcy:http://www.nytimes.com/2012/09/01/business/shedding-student-loans-in-bankruptcy-is-an-uphill-battle.html?pagewanted=all
New Notice Required When Previous Foreclosure Case Filed and Dismissed
In Maryland, a mortgage lender is required to send detailed notice before filing a foreclosure case. In the case of Ramon Granados, his lender brought two foreclosure cases. Prior to filing the first case, it sent the required notice. However, it dismissed the first...
Proof of Claim Must be Filed to Strip Junior Mortgage
Judge Mannes of the Maryland Bankruptcy Court has ruled that a proof of claim must be filed in order to strip a junior mortgage. Mortgages can be turned into unsecured claims in a chapter 13 case. In many cases, a bankruptcy filer can pay a small portion of a second...
Judge Rules That an Unwritten Pay When Paid Clause is Possibly Enforceable
An Illinois Bankruptcy Judge has ruled in In re 3RC Mechanical & Contracting Services, LLCthat a pay when paid clause in the contract between the prime contractor and a first tier subcontractor contractor creates the possibility that the clause could be enforced...
Get Your Garnished Funds Back!
It is commonly known that bankruptcy stops garnishments. However, did you know that you can get money back that has been garnished if you file bankruptcy? A person filing bankruptcy will often get back money that his employer or a bank is holding. The bankruptcy filer...
Foreclosure Defense and Assistance
Ill conceived and often illegal lending practices (i.e. mortgage fraud, , and predatory financing) have left millions of homeowners upside down in their mortgage, confused about their legal rights and most of all frustrated at the financial position they now find...