Category Archives: Uncategorized

Get Your Priorities Straight in Structured Dismissal

One option that a bankruptcy filer generally has in a plan bankruptcy (Chapter 11 or 13) is to make a deal with creditors and then dismiss the bankruptcy case. In a chapter 11 case, a “structured dismissal”may be entered where … Continue reading

Posted in Uncategorized | Leave a comment

Stuck with All of the Mortgage

Bankruptcy provides an opportunity for a filer to reduce a lien to the value of the property. It is difficult to do this, however, when the property is your home. The recent case of In re Birmingham illustrates this. Attempting … Continue reading

Posted in Uncategorized | Leave a comment

Bankruptcy Gets Rid of Debts…Liens are a Different Story

A bankruptcy gets rid of debts but does not necessarily get rid of liens. Strangely, a person can file bankruptcy, and have no obligation to pay the mortgage on the house where they remain.  If they want to keep their … Continue reading

Posted in Uncategorized | Leave a comment

No Free Homes

It would be a disservice to Maryland United States’ District Court Judge Paula Xinis’ recent opinion in Okoro v. Wells Fargo to say that it stood for the principle that the courts are not going to give homeowner’s free homes … Continue reading

Posted in Uncategorized | Leave a comment

Pay Your Loan or be Foreclosed Upon

The heading above may seem like common sense advice. However, many people come to me who have not made a mortgage payment in years. They assert that the lender bringing the foreclosure action has no right to bring it because … Continue reading

Posted in Uncategorized | Leave a comment

Hey Puerto Rico, no las leyes de bancarrota!

Puerto Rico is not a State. The District of Columbia lacks certain privileges that other states have. These are subjects I could spend all day talking about. However, this is a bankruptcy blog. So we will talk about Puerto Rico’s … Continue reading

Posted in Uncategorized | Leave a comment

Little Hope For Student Loan Discharge

Judge Martin Teel’s recent Maryland decision in In re Weaver confirms how difficult it is to obtain a discharge from student loans. Even though the debtor in that case received only social security income and suffered from “ongoing psychological problems”, … Continue reading

Posted in Uncategorized | Leave a comment

Beware when you Convert from 13 to 7

One of the benefits of filing a chapter 13 bankruptcy is that it can be dismissed or converted to a chapter 7 bankruptcy at any time. However, care needs to be taken to insure that a bankruptcy filer or debtor … Continue reading

Posted in Uncategorized | Leave a comment

Restitution Dischargeable in Bankruptcy Case

Under the bankruptcy code, a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, is generally non-dischargeable. In other words, while you can generally get rid of just about all debt in a bankruptcy case, … Continue reading

Posted in Uncategorized | Leave a comment

No Forgiveness For Late Filers

Judge Martin Teel, sitting in the United States Bankruptcy Court in Greenbelt, recently ruled in the case of In re: Mitchell that a law firm, who received timely notice of a bankruptcy filing, could not get a pass on its … Continue reading

Posted in Uncategorized | Leave a comment