Thomas Jefferson - Revisited - 07/09/10 12:35 PM
Back in February 2009, Congress had the opportunity to pass sweeping bankruptcy reform that would have allowed judges to modify the terms of mortgages on home residences.  The House passed the legislation, but the Senate never took up the debate and the amendments died!  At the same time, the financial industry was bailed out, along with the insurance and auto industries; all in the name of too big to fail.  But, millions of Americans have seen their lives and families destroyed in the interim.  All in the name of preserving the financial industry.Jefferson's words are as true today as they were … (33 comments)

Bankuptcy Update - Lien Stripping - 07/09/10 12:16 PM
A recent published decision by the Bankruptcy Appellate Panel for the Ninth Circuit affirmed a lower court decision that sends Chapter 13 Debtors out into the cold.  In this decision (in which I represented the debtor trying to save their home) the BAP held that on the date of filing the Debtor knows with certainty that as a result of a "lien strip" they will have more than the amount allowed to file for relief under Chapter 13.Now, when the wholly unsecured second mortgage is added to the other unsecured debt (credit cards, student loans, taxes, other claims, etc.), if the … (3 comments)

 

Louis Esbin

Santa Clarita, CA

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