Month: November 2015

"Surrender" Under Bankruptcy

Bankruptcy and foreclosure are in some ways very different.  The former involves primarily federal law, seeks to assist the debtor, and involves all of a debtors assets and liabilities.  Foreclosure in contrast involves primarily state law, seeks to assist the creditor in securing the rights to the collateral property, and involves only the debtors home.  Despite these differences, the two areas of law overlap at points, in part because many debtors filing for bankruptcy have property that i[...]

Bankruptcy Fraud and Reform

Bankruptcy Reforms Criticized by Experts During a panel but on by the American Bankruptcy Institute, the 2005 overhaul of bankruptcy laws was sharply criticized by one of the panelists, an attorney that represents debtors in bankruptcy.  The 2005 overhaul was designed to help decrease abuse of the system by debtors and increase the relief unsecured creditors obtained.  The critique was that after ten years, the laws actually seem to have hurt consumers through the increased cost in filing for [...]

Oral Arguments Commence Regarding Foreclosure Statute of Limitations in Florida

Foreclosure Statute of Limitations in Florida Oral arguments in a case we’ve been following for over a year, Bartram v. US Bank, regarding the foreclosure statute of limitations in Florida, were heard by the Florida Supreme Court last week.  The core issue the Court is evaluating is whether the five year foreclosure statute of limitations in Florida bars claims by a lender where the lender institutes a legal proceeding, purports to accelerate the mortgage in the proceeding, the proceeding [...]