Last month, I wrote a post describing a case that was recently heard by one of the judges in the Northern District of Georgia. In this case, a debtor had filed a Chapter 13 the day of a foreclosure. The lender was not aware of the bankruptcy so it went ahead with the foreclosure sale. Like many foreclosure sales in Georgia, the amount of the mortgage was equal to the likely value of the house so there were no bidders at the foreclosure sale. Instead, the lender bid the amount of the mortgage and was, in effect, the winning bidder.
More on Another Debtor Ripped Off by a Foreclosure Scam (Part 2)
This afternoon (September 9), I had a chance to observe a very interesting case heard by one of the judges in the Northern District of Georgia. The issue at hand was a motion filed by a mortgage creditor to “validate” a foreclosure that had been cried out on the courthouse steps back in July.
More on Another Debtor Ripped Off by a Foreclosure Relief Scam (Part One)
Filed under Automatic stay issues, Georgia Bankruptcy, Mortgage modifications by 
In the Northern District of Georgia, the “standard” Chapter 13 plan that is used provides that on-going mortgage payments are to be made directly to the mortgage company during the pendency of your Chapter 13 plan. In other words, if you file Chapter 13 because you are three payments delinquent, your missed payments (the mortgage “arrearage”) will be paid in your plan. However your ongoing mortgage payments are sent directly to the mortgage company.
More on Missed Mortgage Payments in Your Chapter 13 – An Expensive Problem
Filed under Automatic stay issues, Foreclosure issues, Georgia Bankruptcy by
As a member of the Bankruptcy Law Network, I am part of a small group of knowledgeable and prolific bankruptcy lawyers from all over the country. If you have not yet checked out the Bankruptcy Law Network blog, and its sister blogs
More on Chase Home Finance Accused of Adding Improper Charges to Bankruptcy Claims
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This past Sunday, the AJC published a fascinating article entitled “Foreclosures Reach Renters.” The article reports on several very sad cases in which a hardworking rental home tenant finds himself literally out on the street following the foreclosure of his rental home and an eviction filed by the new owner (usually a mortgage lender eager to put the foreclosure property back on the market).
Filed under Automatic stay issues, Consumer protection, Foreclosure issues by
Search the term “stay violation” on any consumer bankruptcy blog and you will find stories of situations where creditors get hit with well deserved sanctions for their failure to stop harassing a debtor despite knowledge of a bankruptcy filing. Despite the trend in the law to give creditors more protections, bankruptcy judges are generally extremely protective of debtors when it comes to automatic stay violations. The automatic stay functions as the core protection of bankruptcy and creditors violate the stay at their peril.
More on An Automatic Stay Violation Case that is Hard to Believe
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Over the past few months, I have received a number of calls from former clients regarding possible discharge stay violation actions. As you may know, if you successfully complete your Chapter 7 or Chapter 13 case, the judge will issue a discharge order. One effect of that discharge order is to make the automatic stay that protected you from creditor collection activities into a a permanent injunction against attempts to collect discharged debt.
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A visitor to one of my web sites wrote me to ask about refiling his Chapter 13. After being in a Chapter 13 for almost 2 years, this gentlemen lost his job and fell behind with his Chapter 13 payments. His mortgage company filed a Motion for Relief because he had falled behind on his mortgage payments (this motion was granted) and the trustee filed a motion to dismiss based on the delinquency in trustee payments. This motion to dismiss was also granted and the case was dismissed.
More on My Chapter 13 Was Dismissed Two Weeks Ago – Can I Refile a Chapter 13?
Filed under Automatic stay issues, Chapter 13 issues, Extending the Automatic Stay by
I have a question about the blog in Nov,2006. You said that filing bankruptcy can stop car repossion . But after you file chapter 7 do you get to keep the car and the debt is discharged or you can keep the car only if you promise to make payments on tht vehicle. Because I have been told the only way you can keep the car when filing chapter 7 is if you promise to make payments and you do not include it in your chapter 7 bankruptcy. I was told if you owe on the vehicle and place it in your chapter 7 bankruptcy you have to give the car back. Could you give me some insight.
–Fana
More on Do I Have to Give Back the Car I am Financing if I File a Chapter 7?
Filed under Automatic stay issues, Chapter 7 issues, Reaffirmation and negotiation by
First – I LOVE your blog – you have great info!! Little background. Discover card sued us for around $15,000 on cc debt, we disputed etc and after going back and for in court the attorney who BOUGHT the debt filed for summary judgment, we filed for a motion to reconsider. Judgment was granted on 8/13 and our motion to reconsider was heard on 9/4. The judge denied the motion to reconsider and at that time I informed him we signed papers and paid/hired an attorney to file bankruptcy.
More on Will a Bankruptcy Filing Stop the Enforcement of a Judgment Lien
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