Dodd-frank: Title Xiv – Mortgage Reform And Anti-predatory Lending Act

Mortgage Reform and Anti-Predatory Lending Act, amendment to the Truth in Lending Act (TILA), was brought about as a reaction to the lending practices that had lead to the burst of the real estate bubble in 2008. Many mortgages prior to the burst of the real estate bubble included clauses that were unfavorable to those who had borrowed the money. Some such clauses made it impossible to pay off mortgages where the value of the property dropped below the amount of the loan. Mortgage Reform Read More +

Exceptions To Credit Counseling Course Requirement In Bankruptcy

One of the requirements for filing a petition with the Bankruptcy Court is to take a credit counseling course. Under Title 11 U.S.C. Section 521(b) debtors are require to file with the court a certificate from the approved nonprofit budget and credit counseling agency, which must have been completed within 180 days before the filing of your petition. The purpose of the credit counseling course is to tell you if you really need to file for bankruptcy or whether there is an alternativeoption available to Read More +

Chapter 13 Bankruptcy Protection Of Tax Refund The Matter Of In Re Gibson

In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan. Even in jurisdiction in which a tax refund is considered exempt, or for which there are available exemptions to protect the tax refund, the Trustee will likely argue that the Read More +

Chapter 7 Bankruptcy Treatment Of Secured Property

STATEMENT OF INTENTIONS IN BANKRUPTCY In a Chapter 7 bankruptcy, the debtor must complete and sign a form called the Statement of Intentions. The Statement of Intentions indicates which of the available options the debtor chooses towards his or her secured property. The primary examples of secured property are an automobile loan or a mortgage loan. In a Chapter 13 bankruptcy one manifests his or her intent regarding such secured property through the Chapter 13 plan. In a Chapter 7 bankruptcy, the Statement of Intentions Read More +

Debt Slavery Replacement Of Involuntary Servitude And Traditional Slavery Dynamics Of Debt Slavery – Part 4

Involuntary servitude and traditional slavery, as it is widely understood, is largely absent from modern America.  However, debt slavery is not only present in these United States, but is a main foundation on which American society exists. Furthermore, most Americans not only are subject to this system, but have also willingly permitted themselves to be become so enslaved.  The majority of Americans are either in debt, are accumulating more debt, or attempting to pay off debts that were in the past accumulated.  This private form Read More +

What Is A Credit Counseling Certificate In Bankruptcy?

BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Ted Owen from Clearwater, Florida asks the Bankruptcy Attorney, What is a Credit Counseling Certificate as used in Bankruptcy?   The Credit Counseling Certificate is an invention of the 2005 Bankruptcy Act passed by Congress and signed by George W Bush. The Credit Counseling Certificate became a requirement for all those filing Bankruptcy.  With a few exceptions, any Individual seeking to file Bankruptcy must first procure a Credit Counseling Certificate.  The Credit Counseling Certificate basically certifies that the subject Individual Read More +