Can filing for bankruptcy keep a condominium home owners association-"hoa" from foreclosing on our home for past due "hoa" dues

I have several clients who have filed chapter 13 bankruptcy for the sole purpose of catching up on HOA arrears. I also have clients who intended...

Does an in rem filed by a trustee attorney representing my lender allow them to proceed with a trustee sale?

There are two types of liability you encounter in bankruptcy: in rem and in personam. Chapters 7 and 13 bankruptcy discharge in personam...

I have been sued over my dog and represented people who were injured in dog attacks. The first question is whether you were somehow negligent in...

What can I do in a BK case where the Creditor will not produce a Pay Off Demand so I can pay the Secured Creditor?

Consult section 2943 of the civil code, which requires the lender to respond to a payoff demand within a certain number of days and allows the...

An unexpired lease is an executory contract. Executory contracts are discussed at Section 365 of the bankruptcy code. They must be assumed by a...

Can I change my LLC to be only my daughter's so that I can file personal bankruptcy and not have to list it as an asset ?

The court has the power to set aside the transfer if it determines that your daughter paid less than fair market value, the transfer left you...

Million dollar question re: purchase money loans / anti-deficiency in CA

Section 580e(b) of the code of civil procedure, which apllies the anti-deficiency rules to short sales, states "A holder of a note shall not...

Can a mortgage servicer take 50000.00 and not apply it to any principal on the loan and then steal the house by foreclosure

Your experience is not uncommon. You have several options, including filing suit in state or federal court for wrongful foreclosure and obtaining...

If an order to sale has been granted on my primary residence, will bankruptcy stop it?

I am assuming that you are in judicial foreclosure. The bankruptcy stay goes into effect immediately and automatically upon filing the case. You...

I just bought a house from the bank that has tenants. I plan on living in the house. I gave them 90 days notice to vacate and

The tenants are entitled to up to 90 days notice to vacate following a trustee sale before the new owner can commence an action for unlawful...