The Servicemembers’ Civil Relief Act applies in bankruptcy cases. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. Background The Servicemembers’ Civil Relief Act (“SCRA”) is found at 50 U.S.C. app. §§ 501 et seq. The purpose of […]
A proof of claim is a written notice that the creditor – individual or business that the debtor owes – is asserting his/her or its right to obtain a pay out from the bankruptcy estate. This written statement is used as a formal way of notifying the court, the debtor and other affected parties that […]
With vacation season in full swing, it’s easier than ever to lose track of a wallet in a winding airport security line, or on a crowded, sunbaked beach. Rather than spiraling into a panic about your wallet taking a vacation of its own, here are some steps to take right away. Report the loss immediately. […]
Upon filing for Bankruptcy an “Automatic Stay” goes into effect immediately and stops creditors from all collection activity. That means, the moment a Bankruptcy is filed, it automaticall or texty stops: All Harassment Utility Shut-Offs Foreclosures Evictions Repossessions Wage Garnishments Tax Levies Bankruptcy will give you the time to breathe and regroup. If you are facing these, […]
When it comes to debt there are two main types, secured and unsecured. In Chapter 7 and Chapter 13 bankruptcy knowing the difference between both is very important so you can implement a proper plan. Even if you aren’t filing bankruptcy it is still good to know what the differences are between the debts. First, […]
If you are over the age of 62 and planning on staying in your own home, a Reverse Mortgage may be for you, and you will want to read this eNewsletter very carefully because recently the Reverse Mortgage Laws have changed. Due to those changes, I sat down with an experienced Reverse Mortgage Consultant to […]
Whenever someone comes to see me about issues with their mortgage, the first question I ask is always: “Do you want to keep your home?” And I always expect a very long answer because there are a lot of considerations when making that decision. Factors include but are not limited to: Can I really afford it? […]
Here you are in your golden years and you’re also in overwhelming debt. The question now becomes “what should you do?” If you have retirement savings, you can use that to pay down debt, but then you won’t have anything left to live on. Or, a smarter choice, would be to keep your retirement savings, […]
Perhaps mold is a concern because you are purchasing a home and your inspection is soon, or maybe you suspect the presence of mold in your current home. Mold spores are present everywhere we live and breathe. Mold spores enter our homes through open windows, our shoes from outside, or items we bring inside. It […]
DEUTSCHE BANK NATIONAL TRUST COMPANY,TRUSTEE v.JOSEPH R. PONGER ET AL.(AC 41014) DiPentima, C. J., and Moll and Sullivan, Js. Syllabus The plaintiff bank sought to foreclose a mortgage on certain real property owned by the defendant T and her former spouse, P. T and P had executed a mortgage deed, and P had executed a […]
