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CFPB Finishes Payday Lending Rule, Hopes to End ‘Debt Traps’

Payday loans are often very dangerous to consumers because their high interest rates make it easy for debtors to fall behind on their payments. Naturally, New York bankruptcy cases often include payday loans. Consequently, a few years ago the Consumer Financial Protection Bureau (CFPB) began drafting a rule that would regulate payday lenders while not . . . → Read More: CFPB Finishes Payday Lending Rule, Hopes to End ‘Debt Traps’

When Can a Debtor Reopen a New York Bankruptcy Case?

Sometimes after bankruptcy cases are closed or dismissed, debtors will want to reopen them for a variety of reasons depending on the circumstances. Bankruptcy courts have substantial power to grant debtors requests to reopen their cases, so it can be helpful to know when it’s allowed, especially when self-represented debtors’ cases were dismissed due to . . . → Read More: When Can a Debtor Reopen a New York Bankruptcy Case?

Insurance Proceeds and Bankruptcy

I recently discussed what happens to health-insurance policies in bankruptcy, so debtors might also be curious about what happens to the actual proceeds from insurance claims. With the health-care policy, the issue was the character of the agreement, but with proceeds, the question focuses on the money the insurance company pays to the debtor when . . . → Read More: Insurance Proceeds and Bankruptcy

Bankruptcy Has No Statute of Limitations

Not all areas of the law are the same, which can lead to confusion for people who are unfamiliar with the law. This can be especially true for bankruptcy because it’s a mundane court process that millions of Americans have encountered, even though it takes place in federal court. One question debtors may ask is . . . → Read More: Bankruptcy Has No Statute of Limitations

Prepetition Debts and Paying Bills in Bankruptcy

Debtors in New York bankruptcy sometimes misunderstand the difference between paying a prepetition debt that they intend to discharge and paying their regular bills while in bankruptcy. The difference is important because debtors can stop paying some debts in bankruptcy, but neglecting the wrong debt can result in the same consequences as though the bankruptcy . . . → Read More: Prepetition Debts and Paying Bills in Bankruptcy

What Are ‘Suspense Accounts’ and How Do They Relate to Foreclosure?

Normally, when a homeowner makes a mortgage payment, the servicer places the money in escrow and then distributes it to the relevant parties (the creditor, the insurance company, the government, and itself as a fee). Problems can arise with partial mortgage payments. Instead of placing it in escrow, making a partial distribution to the creditors, . . . → Read More: What Are ‘Suspense Accounts’ and How Do They Relate to Foreclosure?

Why File Chapter 7 to Delay an Inevitable Foreclosure?

Chapter 7 New York bankruptcy is often offered as an option for stopping a foreclosure. However, debtors should ask why it’s worth the trouble if they think they will lose their homes anyway. It’s a fair point: Debtors who are behind on their mortgages might not keep their homes in chapter 7. Ultimately, the answer . . . → Read More: Why File Chapter 7 to Delay an Inevitable Foreclosure?

Remedies for FDCPA Violations Versus Discharge Injunction Violations

Sometimes people will refer to bankruptcy as a shield and the Fair Debt Collection Practices Act (FDCPA) as a sword, or vice versa. It’s contradictory, but the point is that both laws are designed to protect debtors in different contexts that hopefully don’t overlap. Bankruptcy allows debtors to get rid of debts without punishing overbearing . . . → Read More: Remedies for FDCPA Violations Versus Discharge Injunction Violations

Is Renting Your Underwater Home From the Bank a Good Idea?

A long time ago, I discussed the requirements in New York for a successful deed-in-lieu of foreclosure agreement, also called a mortgage release. The benefits of such an agreement are that the lender is able to resell the property and the borrower is no longer obligated to pay on an ultimately unaffordable mortgage. The question, . . . → Read More: Is Renting Your Underwater Home From the Bank a Good Idea?

NYT: ‘Robo-Signing’ Strikes Private-Student-Loan Debtors

Private student loans do not often make the news, primarily because the vast majority of student loans are made by or guaranteed by the federal government, and comparatively few people take them out these days. Currently only $108 billion out of the $1.34 trillion in student loans are originated by private lenders with no connection . . . → Read More: NYT: ‘Robo-Signing’ Strikes Private-Student-Loan Debtors