Category Archives: Bankruptcy News

What happens when a check is outstanding at the time of a bankruptcy filing?

By doug | Published: January 4, 2013

If a debtor files a bankruptcy case after having written checks on a personal account, but before they are cashed who gets to keep the money? This is a question that is being asked in the Henson case before the United States Court of Appeals in the Ninth Circuit, which has jurisdiction over the nation’s […]

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Battle over church’s bankruptcy underscores definition of payment on time

By doug | Published: September 5, 2012

Bankruptcy litigation between Boston’s Charles Street AME Church and its principal creditor, OneUnited Bank is simmering past the boiling point according to news reports in the Boston Globe. The church filed a bankruptcy case earlier this year to avoid foreclosure on its historic building in the heart of Boston’s black community. In August, a lawyer […]

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What’s up with Massachusetts’ HomeCorps program?

By doug | Published: September 4, 2012

The latest government program for easing out of the foreclosure mess — at least for Massachusetts residents — is called HomeCorps, and it is being run out of the Attorney General’s office, with the funds provided by the state’s share of settlement money from the big banks over their recent lending practices. HomeCorps got up […]

Also posted in Foreclosure | Comments closed

What’s missing from the new Massachusetts foreclosure law

By doug | Published: August 8, 2012

Massachusetts has another shiny new foreclosure prevention law on the books this month — the second new one in two years, but perhaps the biggest feature of this piece of legislation is what isn’t in it. Mandatory mediation for homeowners seeking mortgage modifications. Under the original proposal of the state Senate, before a residential foreclosure […]

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Yet another new Massachusetts foreclosure prevention law hits the books

By doug | Published: August 6, 2012

Massachusetts governor Deval Patrick signed into law new legislation on foreclosure rules on August 3, 2012. For those of you counting, this is the second major change in Massachusetts foreclosure law in the last two years. The ink isn’t really dry on the new law yet, so its hard to even find the exact wording […]

Also posted in Foreclosure | Comments closed

Bankruptcy court litigation favors contractors over homeowners

By doug | Published: July 23, 2012

If you hire a contractor to remodel your house, and the workers show up on expensive Harley-Davidson motorcycles, that’s a good sign that the company is solvent enough to finish the job, right? Wrong. And it led to a long bout of ultimately losing litigation when the contractors filed for personal bankruptcy. Massachusetts chief bankruptcy […]

Also posted in Real estate | Comments closed

Big changes are ahead for New Hampshire bankruptcy court with judge and clerk slated to retire

By doug | Published: June 18, 2012

The New Hampshire Bar News is reporting that the state’s only bankruptcy judge is planning to retire in March, 2013. Moreover, the clerk of court has announced that he too, will retire in November, 2012. The court will probably not be rudderless, however, as the First Circuit court in Boston, charged with hiring New England’s […]

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Octomom files for bankruptcy — and her case is quickly dismissed

By doug | Published: June 15, 2012

A couple of years ago, I wrote a tongue in cheek post here indicating that the “Octomom” — Nadya Suleman, a California mother of fourteen, including octuplets from fertility treatments, might soon be in bankruptcy court, as she was having trouble staying current on her mortgage. The prophecy came true in April 2012, when, faced […]

Also posted in Foreclosure | Comments closed

Court rules that debtors can strip off liens with a Chapter 7 bankruptcy case

By doug | Published: June 14, 2012

Consumers in Georgia and Florida got a big boost from the Eleventh Circuit Court of Appeals in Atlanta (left) recently, when that court became the first appellate level body to approve — and the first to even discuss — lien-stripping in Chapter 7 bankruptcy. The topic has caused controversy among bankruptcy judges for decades. The […]

Also posted in Chapter 7, Secured loans | Comments closed

Kentucky Derby winner purchased by payday loan king

By doug | Published: May 11, 2012

Sometimes the bad guys win one. It happened recently at the 138th running of the Kentucky Derby in Louisville. I’ll Have Another (left), a strapping 3 year old colt trained in California cam barreling down the stretch to grab the lead and the victory in the $2M dollar race. He was ridden by a 25 […]

Also posted in Just for fun | Comments closed
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