In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more
4/20/2017
/ Ambiguous ,
Appeals ,
Banks ,
Consumer Bankruptcy ,
Creditors ,
Debt Collection ,
Debtors ,
FCCPA ,
FDCPA ,
Mortgage Lenders ,
Mortgage Statements ,
Mortgages
Learning the interplay between state rules of judicial procedure and federal bankruptcy law can be a daunting undertaking, but the pitfalls of failing to do so can be severe. A recent example of the importance of being...more
In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt...more
Foreclosure defense and bankruptcy often go hand in hand, but sometimes it seems like the left hand doesn’t talk to the right. This has proven especially common with bankruptcy plans that propose to “surrender” real property...more
8/13/2015
/ Banking Sector ,
Banks ,
Chapter 13 ,
Consumer Bankruptcy ,
Consumer Lenders ,
Financial Institutions ,
Foreclosure ,
Lenders ,
Loan Modifications ,
Mortgage Servicers ,
Mortgages