Archive | February, 2012

Amendments to the Federal Rule of Bankruptcy Procedure – Part Three

This third part regarding the Amendment for the Federal Rules of Bankruptcy Procedure (FRBP) go into more detail regarding sanctions against the mortgage holder/servicers for failure to comply with the new rules.  FRBP Rule 3001 (c) sanctions for mortgage holder/servicers failure to provide the required documentation and information that can include evidentiary, monetary or punitive [...]

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Amendments to The Federal Rules of Bankruptcy Procedures – Part 2

In the second part of the Amendments to the FRBP (Federal Rules of Bankruptcy Procedures) we will look into the New Proof of Claim (POC) form and what is now required by mortgage holders and servicers when a loan is in an active Chapter 13.  Effective 12/01/2011 the mortgage holder and servicer must include information [...]

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Amendments to the Federal Rules of Bankruptcy Procedure – Part One

The U.S. Supreme Court recently adopted amendments to The Federal Rules of Bankruptcy Procedures and submitted them to Congress for review & final approval last year. Congress approved the amendments which went into effect 12/01/2011. The amendments change mortgage holders and servicer’s requirements for filing Proof of Claims (POC) and requiring notices relating to claims secured [...]

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HELOC’S & Bankruptcy

An interesting scenario I came across recently may be useful to some who are in this type of situation.  If you have a first mortgage and a HELOC, also known as a junior mortgage on your primary residence and are contemplating bankruptcy, first, seek an experienced bankruptcy lawyer to discuss your options. This type of [...]

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