Now that the real estate market in my area is improving, we are dusting off another of our little used skills to effect sales of property during a Chapter 13: the sale free and clear of liens. The ability to sell property subject to disputes and continue the fight over a bank account, rather than […]
Mortgage Servicers In The Crosshairs
The sign on my office door should read: Armed and Dangerous Dangerous, anyway, if you are a mortgage servicer. I have a bunch more arrows in my quiver thanks to new bankruptcy rules and new regulations. Most of them relate to home ownership and mortgages. FRBP 3002.1 Sitting on my desk is a notice of […]
Surrendering Property in Bankruptcy
Your client’s statement that he is surrendering property in his bankruptcy case is nothing more than a statement of future intentions. Intentions can be changed, and action is required to actualize that intention. An intention does not serve to transfer the property from the debtor to the secured creditor, or any one else. Yet all […]
