ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

SH

Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy

Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy.  The article can be found at https://www.cnbc.com/2023/07/31/teamsters-says-us-trucking-firm-yellow-shuts-operations-to-file-for-bankruptcy.htmlJim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

YO

What is the Act 6 Foreclosure Notice in Pennsylvania?

The mortgage foreclosure process happens in court. Before foreclosure officially begins, a lender will send a foreclosure notice in Pennsylvania. If you currently have a Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA) loan and have entered into default on your mortgage, you might be sent an Act 6 foreclosure notice. This notice means foreclosure is imminent, and a claim will be filed with the court within a month. Individuals with FHA loans generally rent their properties out, meaning their tenants could face losing their homes if a property owner defaults on their mortgage. If you are sent an Act 6 foreclosure notice, you can respond by curing your mortgage, building a defense to stop foreclosure, or filing for bankruptcy in Pennsylvania. Property owners can reach the Pennsylvania bankruptcy attorneys at Young, Marr, Mallis & Associates by calling (215) 701-6519 to schedule a free case assessment. When Are Act 6 Foreclosure Notices Sent in Pennsylvania? Lenders have to follow specific processes in order to foreclose on a property in Pennsylvania. These processes include sending a foreclosure notice to a property owner. The specific notice you receive will be based on the type of loan you have. When individuals get loans from the U.S. Department of Agriculture or the Federal Housing Administration, they will get Act 6 notices of foreclosure when they have entered into mortgage default. These notices must be sent at least 30 days before a lender can file a foreclosure claim with the court in Pennsylvania. All Pennsylvania foreclosures happen through the court. Borrowers that have conventional loans with banks and not FHA or USDA loans will get Act 91 foreclosure notice letters. This letter will contain basically the same information as an Act 6 letter, informing you that you are at risk of mortgage foreclosure. Regardless of the type of foreclosure warning you receive, you will have 30 days to respond to the notice. You can cure your mortgage and repay your lender entirely during that time. If you cannot do this, our Bucks County bankruptcy attorneys can negotiate with your lender to reduce your payments and restructure your mortgage agreement so that you no longer risk foreclosure. If your lender is not willing to negotiate, you might have to build a defense against mortgage foreclosure or stop the process using other methods to keep your property in Pennsylvania. After getting a foreclosure notice, make sure that it is accurate. If you are not in mortgage default, the notice could be a mistake. How Might an Act 6 Foreclosure Notice Affect a Property Owner in Pennsylvania? Most often, Act 6 notices of foreclosure impact property owners with Federal Housing Administration loans. These borrowers are typically landlords that get FHA loans, live in their properties for a year, and then rent their properties out to tenants. Borrowers that have FHA loans likely also rent out their properties. This means that receiving an Act 6 warning of foreclosure could seriously impact your tenants as well as yourself. If your property is foreclosed upon, your tenants may no longer have a place to live. If you are currently living in your property per your FHA loan, you might also risk losing your primary residence. Federal Housing Administration loans are normally carefully administered. The initial down payment is small so that individuals can purchase properties for lesser amounts and repay lenders partially using the rent they receive from tenants. Suppose a borrower got an FHA loan by working with a bank, but the bank improperly administered the loan, used predatory lending methods in the process, or did not comply with FHA rules surrounding these loans. In such circumstances, homeowners could use such actions as reasons why they should be allowed to keep their properties in Pennsylvania, despite being in mortgage default. What to Do if You Are Sent an Act 6 Foreclosure Notice in Pennsylvania If you are sent an Act 6 foreclosure notice letter in the mail in Pennsylvania, you must act quickly. If a homeowner cannot cure their mortgage, they may have to file for bankruptcy to stop mortgage foreclosure. Although filing for bankruptcy can be daunting for borrowers, it is generally preferable to mortgage foreclosure. Bankruptcy and foreclosure can stay on a borrower’s credit report for a comparable amount of time and similarly impact one’s credit. However, bankruptcy will also help you to settle your debts, while mortgage foreclosure will leave you without your property. If you file for bankruptcy and have an FHA loan, your tenants can remain in your property without the risk of foreclosure. Furthermore, you can address your outstanding mortgage payments. Although Pennsylvania does provide a homestead exemption in bankruptcy, there are federal exemptions that property owners can use to protect their properties from liquidation during Chapter 7 bankruptcy. Filing for bankruptcy immediately will be important if you are sent an Act 6 letter. If you wait longer than 30 days to file, the mortgage foreclosure process might begin in court. While debtors might still be permitted to file for bankruptcy if their homes are in foreclosure, doing so could be more difficult. Entering bankruptcy immediately after getting an Act 6 foreclosure notice will allow you to benefit from an automatic stay. This will stop any efforts to foreclose upon your property. If you’ve also received notice of an upcoming sheriff’s sale, that process will be halted when you file for bankruptcy in Pennsylvania. Sending an Act 6 foreclosure notice is not an empty threat from your lender. This notice should be taken seriously and addressed immediately so that your property is no longer vulnerable to foreclosure. Contact Our Pennsylvania Lawyers About Your Mortgage Foreclosure Case Today To have our Philadelphia bankruptcy attorneys review your case for free, call Young, Marr, Mallis & Associates at (215) 701-6519.

SH

'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans looms

 'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans loomsNearly 250,000 small businesses who received CEBA loans are in danger of shutting down, says CFIB The article can be found at:https://financialpost.com/news/economy/businesses-fear-bankruptcy-ceba-deadline-loomsJim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

MY

Can You Rent an Apartment After Bankruptcy in Arizona?

Can You Rent an Apartment After Bankruptcy in Arizona? How To Rent An Apartment in Arizona Post-Bankruptcy In the wake of bankruptcy, it’s natural to question how this significant financial event might influence your future opportunities. In particular, people often wonder about the feasibility of renting an apartment after bankruptcy. With the assistance of an experienced Mesa bankruptcy lawyer, you can navigate this challenging terrain more confidently. Bankruptcy isn’t the end of the world; it’s a tool for managing insurmountable debt and offers an opportunity to rebuild your financial life. Although it might initially seem daunting, renting an apartment after bankruptcy in Arizona is possible. However, it will require strategic planning, open communication, and guidance from a bankruptcy lawyer in Arizona to ensure your success. The Impact of Bankruptcy on Your Credit Score Bankruptcy can have a substantial impact on your credit score, which in turn, plays a significant role when landlords assess your rental applications that’s why taking steps to rebuild your credit post-bankruptcy is critical. Simple actions like ensuring bills are paid on time, obtaining a secured credit card, or even taking out a small loan and making consistent repayments can gradually improve your credit score. Additionally, a bankruptcy lawyer can guide other credit-building strategies suitable for your unique circumstances. Tips To Rent A House After Bankruptcy When searching for a house or apartment after bankruptcy, there are several steps you can take to improve your chances of success. One effective approach is to seek out private owners rather than corporate entities, as individuals may be more open to understanding your unique situation and giving you a chance. Additionally, providing evidence of stable employment can boost your credibility, showing that you are financially capable of fulfilling rental obligations. Demonstrating a history of timely rent payments is highly valuable to landlords. If you can show multiple years of punctual payments, particularly to the same landlord, it can make a positive impression. It’s also essential to explain the responsible reasons behind your bankruptcy filing, such as unexpected medical issues or unforeseen events, to help landlords understand your circumstances better. Furthermore, highlighting your financial stability and ability to afford the rent is crucial. Clearing any existing debts and having a substantial disposable income will give landlords confidence in your capacity to meet rent payments consistently. Collecting references from people who can attest to your responsible behavior is another valuable asset in convincing potential landlords to consider you as a tenant. Communicating With Potential Landlords Once you’re ready to start looking for an apartment, communication becomes key. A Glendale bankruptcy lawyer can assist you in crafting a compelling letter of explanation. This document should detail the circumstances leading to your bankruptcy, what you’ve learned from the experience, and the steps you’ve taken to regain financial stability. Being honest with potential landlords about your financial past and providing them with the assurance that you’ve turned over a new leaf can increase your chances of securing a lease. It may also be beneficial to provide proof of steady income or letters of reference from previous landlords or employers to further bolster your credibility. Considering a Co-Signer or Higher Security Deposit In some cases, landlords may require additional assurances such as a co-signer or a higher security deposit. A co-signer is a person who agrees to cover your rent if you’re unable to do so, while a higher deposit offers the landlord an extra layer of financial security. While these methods involve some level of risk or financial burden, they can help you secure a rental contract after bankruptcy. Again, discussing these options with a Gilbert bankruptcy lawyer will help you make the best decision for your situation. If you encounter initial rejections, don’t lose hope. Many individuals have successfully found housing after bankruptcy by employing these strategies, so persistence and determination can lead to positive outcomes. Additionally, offering a larger deposit or proposing to pay for several months’ rent upfront can demonstrate your commitment and reliability, increasing your chances of securing a suitable rental property. Get in Touch with an Arizona Bankruptcy Lawyer Today Don’t let bankruptcy impede your journey to find a new apartment. At My AZ Lawyers, we understand the complexities of life after bankruptcy and we’re here to guide you through it. Our expert team can provide you with strategies to rebuild your credit, communicate effectively with potential landlords, and explore other options to enhance your chances of securing a lease. We believe everyone deserves a fresh start. Contact us today and let us help you take the first steps toward your new beginning. This article is courtesy of Blake Goodman, P.C., a leading bankruptcy law firm in Hawaii. With a comprehensive understanding of bankruptcy’s implications, the firm provides expert guidance for those navigating financial difficulties and rebuilding their lives post-bankruptcy.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post Can You Rent an Apartment After Bankruptcy in Arizona? appeared first on My AZ Lawyers.

YO

Can You Avoid Registration Requirements as a Sex Offender in Pennsylvania?

The sex offender registry is a frightening prospect. Registered sex offenders face great difficulty after incarceration, and many hope to somehow avoid registration requirements. The Sex Offender Registration and Notification Act (SORNA) is a federal law that all states must abide by. As of 2012, the law imposed harsh minimum registration requirements that states had to adopt into their existing registration laws. For as long as the registry has existed, defendants have hoped to avoid it. Once convicted, it is nearly impossible to avoid registration requirements under SORNA. Arguably, the best way to avoid registration is to hire a lawyer, fight your charges, and avoid a conviction. Under very specific circumstances, it might be possible for certain convicted defendants to avoid registration, but you should speak to an attorney to make sure. Certain elements of SORNA were recently found unconstitutional in Pennsylvania. What this means for registrants remains to be seen, but more defendants might avoid registration requirements in the future. If you are facing charges for sexual offenses, call our Pennsylvania sexual offense lawyers immediately at Young, Marr, Mallis & Associates at (215) 372-8667 for a free case review. Sex Offender Registration Requirements Under SORNA in Pennsylvania All convicted sex offenders are required to register under SORNA. Pennsylvania had registration requirements under Megan’s Law, enacted in 1995, and SORNA introduced federally mandated minimum requirements in 2012. SORNA is not the same as Megan’s Law. However, it does require states to enforce a harsher set of minimum registration standards and notification requirements. As of 2012, new federal registration requirements under SORNA were applied to all 50 states. In Pennsylvania, the new SORNA requirements were merged with the existing Megan’s Law. Now, in Pennsylvania, convicted sex offenders have different registration requirements based on a 3-tiered system. Tier 1 offenders must register as sex offenders for 15 years. Tier 2 offenders must register for 25 years. Tier 3 offenders must register for life. Exactly which tier a particular offender falls under is based on the crime for which they were convicted. Offenders convicted before 2012, when the new tier system was implemented, must register according to previous rules under Megan’s Law. Potentially Avoiding Registration as a Sex Offender in Pennsylvania Avoiding registration requirements after being convicted of a sexual offense would be incredibly difficult and unlikely. Under SORNA, all convicted sex offenders must register for 15 years, 25 years, or life. Even some juvenile offenders must register. Failure to register will result in very harsh criminal penalties, and you should not try to avoid registration requirements if the courts have imposed them. As discussed in more detail below, there have been major challenges to SORNA here in Pennsylvania. What this means for current and future registrants remains to be seen. Your best bet to avoid registration requirements is to avoid a conviction. Only certain crimes are eligible for registration. While the list of eligible offenses is quite long, you can avoid registration requirements if you can avoid a conviction for the eligible crimes you are charged with. For example, suppose a defendant is facing a total of 5 different charges, only 1 of which makes them eligible to register as a sex offender. In that case, they would only need to be found not guilty of the one eligible offense to avoid registration requirements. Your best bet is to speak with an experienced attorney who knows how to handle cases involving sexual offenses. Sex offenses are not met with much sympathy or understanding, and many defendants feel as if they have been convicted before they even get a trial. Our Pennsylvania sexual offense attorneys will stand up for you, protect your rights, and help you avoid a conviction that would lead to registration as a sex offender. People Who Might Not Have to Register as Sex Offenders Under SORNA in Pennsylvania In Commonwealth v Muniz, the Supreme Court of Pennsylvania ruled that the retroactivity of SORNA violated the state constitution. Originally, SORNA applied to all convicted offenders, even those convicted before SORNA took effect. Now, only those convicted after SORNA kicked in must register under SORNA. If convicted of certain offenses before December 20, 2012, you might be a 10-year registrant in Pennsylvania. This is part of the old registration requirements before SORNA. If your 10 years are up, you no longer must register, even if you would otherwise have to continue registering under current SORNA requirements. Challenges to SORNA Sex Offender Registration Requirements in Pennsylvania In the case of Commonwealth v. George Torsilieri, a judge in Chester County held that certain elements of SORNA are unconstitutional. The court held that SORNA imposes an irrebuttable presumption that convicted sex offenders will re-offend. The court went on to say that this presumption could not possibly be universally applicable to all convicted defendants. As such, many defendants who are unlikely to ever re-offend are treated as if reoffending is a certainty. This presumption ultimately sets up many defendants for extreme and unfair disadvantages that come with being a registered sex offender. The court next tackled SORNA’s punitive elements. Since being a registered sex offender is considered part of the defendant’s punishment, the law runs afoul of Constitutional requirements that punishments must be proportional to crimes. In short, people are often required to register for much longer than the maximum sentences allowed by law. The court also mentioned that SORNA does not comply with Constitutional protections against cruel and unusual punishment. Being a registered sex offender can affect a person’s ability to find work, housing, or just be a part of society. Humiliation and public ostracization seem to be inherent elements of SORNA. This is especially problematic for people who must register as sex offenders when the crime they were convicted of was only tenuously connected to sex or otherwise less severe. While the court in the Torsilieri case found many problems with SORNA, what this means going forward is unclear. As of now, SORNA registration requirements are still in effect. The issue may be decided by the Supreme Court of Pennsylvania. Until then, it is unlikely you will be able to avoid registration requirements. As such, you should speak to an attorney about any pending charges you have and how to avoid being convicted. Call Our Pennsylvania Sexual Offense Attorneys for Help Immediately Reach out to our Pennsylvania sexual offense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 for a free case review.

SH

IRS will stop showing up at homes unannounced in effort to protect agents, combat scammers

 The New York Post is reporting that IRS will stop showing up at homes unannounced in effort to protect agents, combat scammers.The article can be found at https://nypost.com/2023/07/24/irs-ending-policy-of-unannounced-home-visits-by-agents?utm_source=gmail&utm_campaign=android_nypJim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

YO

How to Deal with Creditor Harassment in Pennsylvania

Harassment from any source can be intimidating and overwhelming. If creditors are harassing you, it is important to learn how to make them stop in Pennsylvania. Creditor harassment generally includes any communications from a lender or debt collection agency that are of a threatening or malicious nature. To stop creditor harassment, debtors can attempt to negotiate with a creditor. Debtors can also enter into bankruptcy and stop communications via an automatic stay. If creditors violate the automatic stay, you might be entitled to compensation. Bankruptcy can enable you to satisfy all your debts, some of which might be discharged. This should help you to avoid receiving any harassing communications from creditors in the future. For a free and confidential discussion of your case with our Pennsylvania bankruptcy lawyers, call Young, Marr, Mallis & Associates at (215) 701-6519. What Constitutes Creditor Harassment in Pennsylvania? If you owe money to a creditor and cannot meet payment dates, the creditor or a collection agency might begin reaching out to you to request payment. While contacting you about missed payments is not inappropriate behavior, it can cross a line and become harassment. The Fair Debt Collection Practices Act (FDCPA) prohibits collection agencies acting on behalf of primary creditors from harassing debtors in Pennsylvania and throughout the country. Examples of harassment include making threatening or obscene comments to debtors, and misrepresenting the identity of a debt collection agent, among other inappropriate behavior. Harassment might come in the form of calls to your home, mail sent to your house, or in-person visits from creditors. Our Chester County bankruptcy lawyers understand the importance of stopping creditor harassment whenever possible, as such actions can profoundly disrupt a debtor’s life and even delay their ability to repay debts. If you are unsure whether or not behavior of creditors is considered harassment, ask for clarification. How Can You Pause Creditor Harassment in Pennsylvania? Temporarily pausing creditor harassment in Pennsylvania is possible by taking certain steps. In some cases, creditors will agree to negotiate with debtors for a lower interest rate or reduced debt so that repayment is easier. If a collection agency is breaking federal law when harassing you, you might be able to file a lawsuit. And finally, getting an automatic stay can temporarily stop all communications from creditors and collection agencies in Pennsylvania. Negotiate with Creditors When debtors continue to ignore creditors, they might be harassed about repayment. Sometimes, creditors will be open to negotiating the terms of a debtor’s loans or their total debt in the hope that the matter will be resolved without going to bankruptcy court in Pennsylvania. File a Lawsuit If a debt collection agency violates the Fair Debt Collection Practices Act and engages in creditor harassment, a debtor can file a lawsuit in Pennsylvania. For your case to be successful, you must have proof of the harassment, such as correspondence, accounts of phone conversations, or other evidence. Get an Automatic Stay Most debtors will qualify for an automatic stay the moment they declare bankruptcy. There are a few exceptions in cases involving debtors that have filed for bankruptcy numerous times in the recent past. Typically, an automatic stay will last for the duration of a debtor’s bankruptcy. While an automatic stay is in effect, no creditor or debt collection agency can contact you outside of a court setting about repayment. Furthermore, any attempts to foreclose on your property or repossess your assets will be halted. This means that if a sheriff’s sale was about to commence before your bankruptcy filing, it will be paused because of the automatic stay. What if Creditors Violate an Automatic Stay in Pennsylvania? The automatic stay that goes into place when a debtor declares bankruptcy prohibits further creditor harassment. If a creditor violates the automatic stay, they will be punished in Pennsylvania. Willful violation of an automatic stay comes with penalties. Creditors might have to pay actual damages and attorney’s fees to debtors for automatic stay violations. Creditors might also be penalized with punitive damages in Pennsylvania. Violating an automatic stay can seriously disrupt the bankruptcy process, hence the consequences to creditors. If you receive any communications from creditors while you are under bankruptcy, whether they are threatening or not, inform our attorneys immediately. Violations of the automatic stay include sending bills or mail to a debtor’s home, calling a debtor about their outstanding debt, attempting to repossess a debtor’s property, and refusing to return property repossessed but not yet sold. Creditors may not contact your spouse about your individual debt while an automatic stay is in place. Will Bankruptcy Permanently Stop Creditor Harassment in Pennsylvania? The goal of bankruptcy is to help debtors address all of their debt in its entirety so that they can regain their financial footing in Pennsylvania. This means that bankruptcy should stop all creditor harassment once the process is complete. In bankruptcy, debt is either repaid or discharged. More often than not, bankruptcy allows for the majority of a person’s debt to be erased. Any outstanding secured debts will be repaid either through asset liquidation or a repayment plan. Regardless of whether you file Chapter 7 or Chapter 13 bankruptcy, all of your debt can be handled in the process. Chapter 7 is the shortest option, taking about four to six months on average to complete. Chapter 13 can take up to five years, mostly because it requires debtors to repay debts and does not allow for asset liquidation. Provided you see bankruptcy through entirely, you should have no outstanding debt once the process is finished, meaning you should no longer experience any form of creditor harassment in Pennsylvania. If you do, be sure to inform our attorneys about ongoing harassment from creditors. Call Our Bankruptcy Lawyers About Your Case in Pennsylvania Call (215) 701-6519 and speak with the Philadelphia bankruptcy lawyers at Young, Marr, Mallis & Associates for free about your case today.

YO

Can You Sell Your House if it’s in Foreclosure in Pennsylvania?

When foreclosure is imminent, selling your house might seem like a fine solution. But can you sell your house if it is in foreclosure in Pennsylvania? You may be able to sell your house if you are facing foreclosure in Pennsylvania, provided the process of the sheriff’s sale has not yet begun. While that is an option, debtors that want to keep their properties and address their debts can do so by filing for bankruptcy. When you do this, you can protect your home from foreclosure and liquidation while repaying lenders. If, after exiting bankruptcy, you fall behind on your mortgage payments again, you might have more difficulty keeping your house, as debtors can only file for bankruptcy periodically in Pennsylvania. To have our Pennsylvania foreclosure lawyers assess your case for free, call Young, Marr, Mallis & Associates at (215) 701-6519 today. Can I Sell My House if I am Facing Foreclosure in Pennsylvania? Suppose you have fallen behind on mortgage payments and received a foreclosure notice from your lender in Pennsylvania. In that case, it is important to consider all of the options in front of you to rectify the situation. For some, that might include selling their house. Generally, banks allow homeowners about six months of missed mortgage payments before threatening foreclosure in Pennsylvania. If you cannot make up all of your missed payments in one lump sum or negotiate with your lender to allow you to keep your house, selling your home might be an option. That said, homeowners will only have a short period of time to decide whether or not they want to sell their homes when faced with foreclosure. Once your home has gone up for auction, you will not be able to sell it yourself. That is because your home will no longer be yours; it will be your lender’s. If you do not want to sell your house and want another solution to foreclosure, you still have options in Pennsylvania, like filing for bankruptcy. Do I Have to Sell My Home if it is in Foreclosure in Pennsylvania? While selling your house might allow you to avoid foreclosure and possibly get some money from the sale after paying back lenders, it also leaves you without your home. Fortunately, homeowners in Pennsylvania do not have to sell their properties in order to avoid foreclosure. Bankruptcy can stop foreclosure proceedings. When our Philadelphia bankruptcy lawyers file your case, an automatic stay will take effect. This will stop any impending sheriff’s sale and the entire foreclosure process. When debtors declare bankruptcy, they do not have to sell their homes or worry about any immediate attempts from lenders to seize their properties. This can provide you with the temporary relief you need to get your financial affairs in order. After reviewing your financial information, our attorneys might find that negotiating with lenders to reevaluate your mortgage might allow you to meet newly adjusted mortgage payments, eliminating the need for a sheriff’s sale or for you to sell your home yourself. If you do not file for bankruptcy and refuse to sell your home, it may be foreclosed upon in Pennsylvania. This means it could be sold at auction, leaving you with no claim over it. Pennsylvania does not have a right of redemption, meaning homeowners cannot redeem or buy their properties back once they are sold at auction. Will My Home Be Sold During Bankruptcy in Pennsylvania? For many debtors, especially ones who have defaulted on their mortgages, Chapter 7 is the type of bankruptcy they must file. Because Chapter 7 requires asset liquidation, homeowners might be concerned that by declaring Chapter 7 bankruptcy, they might risk losing their homes anyway. Our attorneys can protect your home during Chapter 7 bankruptcy by using liquidation exemptions. If you do not use liquidation exemptions, your mortgage debt might be discharged, but you could also lose your home in the process. Pennsylvania does not provide a specific homestead exemption for homeowners to use during Chapter 7. However, Pennsylvania does allow debtors and homeowners to use federal liquidation exemptions, which typically cover more assets. If you use liquidation exemptions correctly, you should be able to retain your home during Chapter 7 bankruptcy. Other assets may need to be liquidated to resolve your mortgage debt with your lender. If you file Chapter 13, you will not have to worry about liquidation exemptions at all, nor be concerned about your home being sold without your consent. In Chapter 13 bankruptcy cases, debtors repay creditors and lenders over time. All debts are consolidated under the same interest rate, which is generally low, making repayment more achievable for debtors. What Happens to My Home After Bankruptcy in Pennsylvania? Once the bankruptcy process is complete, you should no longer be in mortgage debt. That does not mean that your mortgage will be paid in full. In order to continue protecting your home from foreclosure, meeting future mortgage payment dates is important. In bankruptcy, outstanding mortgage payments are addressed. However, chances are, you will have to continue paying off your mortgage for some time after you exit bankruptcy. Doing this is crucial. If you fall behind on your mortgage payments again, you might risk entering foreclosure again. This time, you might not be granted an automatic stay because you filed for bankruptcy in the past. It is also important to note that debtors must wait a set period of time between bankruptcy filings in Pennsylvania. Because of this, prioritizing your mortgage payments after bankruptcy is important so that you do not risk losing your home or facing the decision of having to sell your house again. Call Our Pennsylvania Lawyers About Your Bankruptcy Case Today Young, Marr, Mallis & Associates give you a free case evaluation when you call our Northeast Philadelphia bankruptcy lawyers today at (215) 701-6519.

SH

A $500 Billion Corporate-Debt Storm Builds Over Global Economy Yahoo Finance

Yahoo Finance published an article discussing the potential default of $500 billion in corporate debt. The article indicates that large corporate bankruptcies are accumulating at the second-fastest rate since 2008, surpassed only by the initial phase of the pandemic. The article can be found at https://uk.finance.yahoo.com/news/500-billion-corporate-debt-storm-230005895.html?guccounter=1Jim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

SH

More than 800,000 borrowers are still eligible to benefit from student loan forgiveness according to NPR

 More than 800,000 borrowers are still eligible to benefit from student loan forgiveness according to NPR. The story can be found at https://www.npr.org/2023/07/15/1187929868/more-than-800-000-borrowers-are-still-eligible-to-benefit-from-student-loan-forgJim Shenwick, Esq  917 363 3391  jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!