Posts Tagged ‘Bankruptcy Law’

Obama’s New Housing Plan Doesn’t Address Bankruptcy Law

Wednesday, February 18th, 2009

Although President Obama’s new housing plan may be “loaded with incentives for homeowners, mortgage servicers, lenders and banks” to modify the loans that are leading so many Orange County residents to foreclosure and bankruptcy, what the plan does not do is address the so-called “cramdown” proposal — that Bankruptcy judges be allowed to modify home loans. This change in bankruptcy law would be a boon for the clients of Orange County bankruptcy attorneys; it would help many Chapter 7 bankruptcy clients keep their Orange County homes. This is not only an issue for homes in lower income Orange County areas like Santa Ana, but also in areas like Irvine and Newport Beach, where homes with outrageously high mortgage payments have been forcing even high income earners into seeking a bankruptcy attorney or leading to foreclosure. The best that can be said about this housing plan, at least with regard to bankruptcy law, is that it does not “rule out” the possibility that a future bill might tackle this issue.

Orange County has been waiting for such a bill for a long time and it looks like the wait shall continue…

For More Information about the New Housing Plan, click here

House Passes Stimulus Bill, But Without Bankruptcy Provisions

Thursday, January 29th, 2009

The House of Representatives passed the $819 billion stimulus bill on Wednesday, a monster bill that allots money towards major infrastructure, education, health care, & unemployment concerns. One concern it does not address, however, is stemming the tide of foreclosures. From the Colorado Independent:

“Congressional Democrats hoping to use the economic stimulus package to force lenders to refinance troubled mortgages have met an unlikely opponent: President Barack Obama.

Many Democrats, including Obama, have long-supported the strategy of empowering bankruptcy judges to alter the terms of primary mortgages to prevent foreclosures. But White House officials have said they don’t want the bankruptcy provision in the stimulus bill for fear of alienating Republicans, most of whom oppose the change…Housing advocates have long-pushed to empower bankruptcy judges to reduce, or “cram down,” the balance of primary mortgages, as well as other terms of the loans, to keep homeowners from suffering foreclosure. That legal avenue is currently available for loans on commercial property, yachts, vacation homes — almost anything but primary mortgages, which were singled out for exception under bankruptcy law.”

Although both President Obama and Speaker of the House Nancy Pelosi have made it known that bankruptcy reform is a priority, and that they will make sure to attach bankruptcy reform provisions to a bill that is a “sure-fire” pass, it is unclear how many homes will foreclose in the meantime — and how many more residents of Orange County will seek a bankruptcy attorney because of it.

For More Information, click here

What is Exempt Property ?

Tuesday, October 21st, 2008

Exempt property are those items that cannot be seized by creditors (or by the bankruptcy trustee), even though you have filed for bankruptcy.

Each state has laws that determine which items of property you can keep, and in what amounts. For the state of California, the following assets may be exempted: Appliances, furnishings, clothing and food needed; tools of trade such as materials, instruments, uniforms, books, furnishings and equipment; health aids, and others.

Some other assets can be kept if their equity falls below certain limits. Equity is the difference between the value of the property and what is owed to the property. For example, a vehicle valued at $6,000 with a loan of $4,000 has an equity value of $2,000. This category includes homestead, vehicles, jewelry, family heirlooms and some types of trust funds and loans.

Although this introduction covers some of the basics, bankruptcy law is complicated.  Since each person’s situation is unique, it is recommended that you contact a bankruptcy attorney before deciding whether filing for bankruptcy is indeed the right solution for your particular debts.