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Tag: declare bankruptcy in philadelphia

Chapter 7 Repeat Filing

On October 17, 2005, a major change in the bankruptcy law went into effect. The law change specifically referred to as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) changed many aspects of consumer bankruptcy law(s). One of the many implemented changes was the waiting period between a consumer’s bankruptcy discharge in […]

Bankruptcy and Student Loans, a Brief Overview

The recognized current standard for including student loans in a bankruptcy discharge is broadly defined as a clear showing that the payment of the student loan debt will impose an undue hardship on the Debtor and his or her dependents. To meet this standard the Bankruptcy Courts have implemented the Brunner test. The Brunner test […]

Payday Loans making a comeback in Pennsylvania?

In March, 2010 I posted a blog about the high cost of payday loans, as high as a 426% interest rate. Payday loans are not the first choice of a consumer looking for a short term loan, and are generally sought in the most dire of financial positions. Pay day loans are often used by […]

Bankruptcy and Mortgage Modification

Most homeowners who have defaulted on their mortgage have heard the term or tried for a “Modification of Mortgage,” in short a modification. A modification is a change of the terms of the original mortgage agreed to by the lender and borrower. A Mortgage modification is likely to include the following: Reduction in interest rate […]

Foreclosure, Tax Sale and Bankruptcy, Don’t wait

One of the most common reasons one files for personal bankruptcy is to stay mortgage foreclosure. A Chapter 13 Bankruptcy, generally speaking, can be used as a repayment plan for mortgage arrears and other costs associated with falling behind on regular monthly mortgage payments, such as, interest, late fees, penalties and taxes. Moreover, once a […]

Steps Prior to Filing for Bankruptcy

Filing bankruptcy is not something people want to do, rather something they have to do for various different reasons. When a person or married couple makes the decision to file for bankruptcy there are a few guidelines they should follow to make the bankruptcy procedure as easy and quick as possible. 1. Consult with an […]

How much does a bankruptcy cost?

There is no doubt that a person files for bankruptcy when they are not in the best financial position.  Accordingly, a question that we are asked daily is “How much are bankruptcy fees.”  First, the court filing fees including credit counseling, debtor education and a credit report total about $400.00 for a Chapter 13 and […]

Unsecured Debts in Chapter 13 Plans

Chapter 13 Bankruptcy filers generally have to pay a regular monthly payment to the Chapter 13 Trustee. The subject monthly payment is determined by the amount necessary to cure mortgage arrears over a period of up to 5 years or disposable monthly income, in the event any exists. The Bankruptcy Code strictly regulates for the […]

Stripping Unsecured Junior Liens

On or about January 17, 2012, Sadek Law Office filed an adversary proceeding against a major mortgage servicer for among other things, stripping a wholly unsecured junior mortgage lien. The subject real property at issue was valued less than the first mortgage amount of $180,000.00 thereby deeming the second mortgage lien as “wholly unsecured.” Through […]

Creditor Objections in Bankruptcy Filing

Many of the bankruptcy cases and referrals that Sadek Law Offices, LLC handles involves litigation ancillary to a bankruptcy filing.  The litigation is usually commenced by a bankruptcy creditor filing a motion for relief from the automatic stay imputed by virtue of section 362 of the Bankruptcy code. It is statutory law in Bankruptcy law […]