Bankruptcy Blogs

Assuming Defaulted Leases in Chapter 13

10/23/11

Section 1322 of the Bankruptcy Code allows a debtor to assume an unexpired lease, such as a residential or car lease, in their Chapter 13 case. This right is subject to the general lease provisions of Section 365 of the Code, which provides: If there has been a default in an executory contract or unexpired [...]

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Bankruptcy Reform

10/22/11

People who are facing mortgage foreclosure routinely ask me if they can get their house payment lowered by filing bankruptcy.  This question highlights a common misconception of bankruptcy law, and may be the result of news articles dealing with the mortgage foreclosure crisis.  Last year the House of Representatives passed H.R. 1106: The Helping Families Save Their Homes Act [...]

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Get the Government Out of Questionable Mortgages

10/21/11

Offer inducements for homeownership and affordable housing more incisively and selectively through the tax system, where the cost is readily measurable and immediate.

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The Broke and the Beautiful: Scott Rothstein Edition

10/21/11

This week on The Broke and the Beautiful, two Florida sports teams are feeling the heat from Scott Rothstein’s bankruptcy trustee. Also, Lenny “Nails” Dykstra motors into a plea deal, and British band UB40 is declared bankrupt.

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E-Bulletin regarding a newly enacted California statute

10/21/11

October 20, 2011 Dear Insolvency Law Committee Constituency List members, please find attached an E-Bulletin regarding a newly enacted California statute: Governor Signs SB-4 (Calderon) Establishing New Requirements for Notices of Trustee Sales Most lenders with real property security in...

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Occupy Wall Street's 'Other 99%' Are Deadbeats Too

10/21/11

As Occupy Wall Street gains national attention bashing bankers, it's giving a free ride to the 'Other 99%' who enjoy the perks of a nation living beyond its means.

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