ABI Blog Exchange

Law Review: Cespedes, Jacelly and Parra, Carlos and Sialm, Clemens, The Effect of Principal Reduction on Household Distress: Evidence from Mortgage Cramdown

Abstract: Mortgage cramdown has been proposed as a mechanism to avoid mortgage foreclosures in times of crisis. In this restructuring, the underwater portion of the mortgage is treated as unsecured debt and can be discharged during Chapter 13

Sterling Bancorp eyes private credit market with latest fintech deal

Can You File for Bankruptcy to Avoid Defaulting on a Car Loan in Pennsylvania

Many people in Pennsylvania are familiar with the practice of determining what bills to pay each month. There is no one reason people find themselves in this type of situation. Losing your car to repossession is a real problem for people struggling

Can You File for Bankruptcy to Avoid Defaulting on Your Mortgage in Pennsylvania?

The thought of losing your home in a sheriff’s sale is frightening. Unfortunately, thousands of families in Pennsylvania face foreclosure every day. However, before a lender forecloses on a property, the homeowner must have defaulted. Filing for

Can You File for Bankruptcy to Protect Against Foreclosure on a 2nd Mortgage?

It is not uncommon for homeowners to use the equity in their homes to obtain a second mortgage to renovate their home, send their child to college, or just take that extra special vacation. However, if you default on your second mortgage payments

4th Cir.: Wood v. HUD- Tax Refund Offset did not Violation the Automatic Stay

Summary: Following the decision in Copley, where it held that the IRS’s right to set off the debtors’ tax overpayment against their pre-existing tax debt superseded the debtors’ right to exempt the anticipated refund, the Fourth Circuit here held

Can You File for Bankruptcy to Avoid a Lawsuit in Pennsylvania?

If you fail to make monthly credit card payments or default on a loan, a creditor in Pennsylvania has a right to sue you in civil court. In addition to what you contractually owe a creditor, you could be required to pay additional court and attorney

NAFCU lobbyist taking reins of Virginia Credit Union League

Discharge denied for failure to disclose funds from sale of home used to repay family and friends, and concealment of truck from securede creditor

Bankruptcy can be a great help to most debtors, but when a debtor tries to game the system, and fails to disclose relevant information, the discharge can be denied. In In re Dhaliwal, 2021 Bankr. LEXIS 1462, Adv. No. 20-3391 (Bankr. S.D. Tex. 18 May

4th Cir.: Siegel v. Fitzgerald: 2018 U.S. Trustee Fees Upheld and Bankruptcy Administrator System is Constitutional

Summary: In split decision, the Fourth Circuit (following the similarly split decision from the 5th Circuit) held that the 2018 increase in fees paid by chapter 11 debtors to the U.S. Trustee Program applies to pending cases and violates neither