What are my options when my Chapter 13 Case is failing?
Apr 25, 2011
I am failing to make my payments and there is a motion to dismiss. Often people file the Chapter 13 because they want to save their home from foreclosure and have mortgage arrears that they cannot af...
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Can I record a telephone call without the other person knowing?
Apr 25, 2011
State Law Question Recording a telephone conversation is a State law question. States are broken down into two categories. Some States are "One Party" States where the permission of both parties is ...
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Debt Settlement Companies
Apr 25, 2011
The Comapnies As consumer debt has risen to historic levels, a growing number of for-profit debt settlement companies have emerged. These companies say they will negotiate with consumers' creditors t...
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Discharging Student Loans In Bankruptcy
Apr 25, 2011
Disclaimer as to Advice The advice below is pertinent specifically to those people covered by the 2d Circuit Court of Appeals, but as will become apparent the analysis is pertinent to many jurisdicti...
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Tennant Rights when Landlord Files Bankruptcy
Apr 25, 2011
The Law The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §§ 701-704 (2009), which became law on May 20, 2009, applies to state eviction proceedings. The act requires that a new owner ...
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Tenants in Foreclosure
Mar 31, 2011
What is the Law? The Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, §§ 701-704 (2009), which became law on May 20, 2009, applies to state eviction proceedings. The act requires that a n...
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Proper Party Suing for Mortgage Foreclosure?
Mar 26, 2011
Much has been made about cases where the foreclosure has been denied or reversed even if the home owner is behind in their payments. The vast majority of these cases involve mortgage securitization, w...
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Summary of Steps to Defeat Summary Judgment
Jan 03, 2011
Who is Suing You? There are defenses that you waive if you do not raise them. This is why you need an attorney. One such defense for the homeowner is "Improper Party" or the wrong entity is suing yo...
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Borrowing Statute to reduce the Statute of Limitations in Credit Card Lawsuit
Jul 27, 2010
Defend Yourself! The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on t...
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Delaying Foreclosure When Unemployed: the Home Affordable Unemployment Program (UP)
Jul 26, 2010
Forebearance from Foreclosure Forbearance from regular mortgage payments are allowed at the discretion of the lender for a period of up to three months. Services (the ones to whom you make payments)...
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