Motion for Relief from Stay in Chapter 13 Bankruptcy

A Motion for Relief from the Automatic Stay imputed in bankruptcy is filed by a Creditor, usually a mortgagee or automobile lender, and alleges that the Petitioner in Bankruptcy has fallen behind on post-petition mortgage or vehicle payments.  For example, if a Petitioner files a Chapter 13 Bankruptcy Plan and fails to make their post-petition […]

New Mortgage Rules to go into Effect

The Consumer Financial Protection Bureau, stemming from the 2010 Dodd Frank Act, was implemented for the purposes of educating the borrowing public and to ensure that future extensions of credit are suitable for the borrower(s). On January 10, 2014 a new set of standards will go into effect targeting the mortgage industry, specifically the origination […]

Can I Purchase a Home after filing Bankruptcy?

Can I Purchase a Home after filing Bankruptcy? The answer to this question, is the too frequent legal answer, “It Depends.” Credit scores a/k/a FICO scores and interest rates are in an inverse relationship, meaning, the higher the credit score, the lower the interest rate. Our credit scores are the lead factor in determining the […]

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 […]

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 […]

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 […]