Can You Pay Student Loans in Chapter 13 Bankruptcy?
But for a showing of undue hardship, student loans are non-dischargeable in bankruptcy; outside of bankruptcy, there are few options for a struggling debtor to find relief from crushing student loan...
View Article10th Circuit Requires Proof of Note for Foreclosure.
The 10th Circuit Court of Appeals, in the case of Miller vs. Deutsche Bank National Trust (opens PDF), requires mortgage loan servicers to prove possession of the mortgage note in order to have proper...
View ArticleCan You Buy a Car Before Filing Chapter 13 Bankruptcy?
Answer, yes; but with some words of caution. First, chapter 13 bankruptcy is a repayment plan; the goal of chapter 13 is to allow the individual or family to get back in control of their finances. The...
View ArticleWhat Happens When A Chapter 13 Bankruptcy Is Dismissed Early?
At some point, many debtors contemplate trying to get out of their chapter 13 bankruptcy; they may be tired of the monthly payment, circumstances may have changed and they cannot afford the payment....
View ArticleObjecting to Mortgagor Proof of Claim in Chapter 13 Bankruptcy
Odds are, the mortgage servicers proof of claim in chapter 13 bankruptcy is inaccurate. The proof of claim may only be inaccurate by a small amount, or possibly a large amount. But unless we verify...
View ArticleChapter 13 Bankruptcy, When Must I Start Paying My Mortgage?
One of the main reasons to file chapter 13 bankruptcy is to save your house from foreclosure. If you are doing a “save your house” chapter 13 bankruptcy, then you are probably behind on your mortgage...
View ArticleIn Foreclosure, People Driving by My House?
The post In Foreclosure, People Driving by My House? appeared first on Matt Berkus.
View ArticleChapter 13 Bankruptcy and Foreclosure Attorney Fee Caps
http://www.mattberkus.com/blog/wp-content/uploads/2013/01/FNMA-allowable-attorney-trustee-foreclosure-fees-2012.pdf Even if the stated fee cap does not apply to the borrowers loan, the Fannie Mae fee...
View ArticleChapter 13 Lien Strip vs. Cram Down in Colorado Bankruptcy
Denver bankruptcy attorney Matt Berkus discussing how you might achieve a chapter 13 bankruptcy mortgage cram down when a mortgage lien strip is not available. The post Chapter 13 Lien Strip vs. Cram...
View ArticleQuick Tip: Scheduling of Secured Tax Claims in Chapter 13 Bankruptcy
Question: If a debtor owes back taxes and files chapter 13 bankruptcy, and the tax debt is both priority and secured (due to the IRS filing a tax lien), how do you classify that tax in chapter 13...
View Article
