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New legislation

No Mortgage Cramdown Bill for Christmas

It would have been in the spirit of Christmas to pass the Mortgage Cramdown amendment.  But apparently Congress is a bigger fan of The Grinch. After the “Mortgage Cramdown” legislation was re-introduced by Barney Frank (D-MA), the House of Representatives rejected it by a vote of 188-241. Just in time for the holidays. Mortgage cramdown …

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Will “mortgage cram down” help New Yorkers?

The “mortgage cram down” issue is back in the news this week.  Congress is discussing an amendment that would give bankruptcy judges the power to “cram down” or change the basic terms of a mortgage. (See the latest BAPCPA Man vs. Mortgantua cartoon for a good picture of what mortgage cram down looks like.) If …

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BAPCPA Man vs Mortgantua #4 – Mortgage Cramdown!

The BAPCPA Man vs. Mortgantua battle rages on.  How will BAPCPA Man get out of this jam? Note: This cartoon is posted on the NYBankruptcyNet site with the express permission of the creators of BAPCPA Man. If you’re facing foreclosure in New York, if you’re struggling with mortgage and other financial problems, if you need …

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Non-bank lenders and the Consumer Financial Protection Agency

We hear a lot of terms that refer to players in the money lending industry.  Banks, mortgage lenders, credit card companies, subprime lenders, mortgage brokers, etc. One distinction we don’t hear a lot about, though, is the one between banks and non-bank lenders.  The difference is that banks are subject to much more regulation and …

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Lenny Dykstra learns more about Chapter 11 as trustee appointed in the case

Previously, I posted about Lenny Dykstra and why someone like him would file for Chapter 11, which is more typically used for business bankruptcies, rather than Chapter 7 or Chapter 13 which are for individual bankruptcies. Regardless of whether it was the right path strategically speaking, things don’t seem to be going so well for …

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Brooklyn Judge gives New York homeowners a fighting chance against foreclosure

For New York homeowners facing foreclosure, they may feel like the deck is stacked against them.  The economy is in the tank.  Credit has dried up.  Trying to call your mortgage company and negotiate a loan modification feels like an exercise in futility.  And mortgage companies are probably profiting off the delays in the foreclosure …

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Can I keep my home if I file for bankruptcy in New York?

Yes, you can keep your home if you file for bankruptcy in New York. But it’s not a given.  And depending on your circumstances, there are a few different ways to do it. If you file for Chapter 7 bankruptcy Brooklyn NY, then you can keep your home as long as the remaining equity in …

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New credit card laws and what they mean for you

The rules for credit cards will soon change.  The Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009 (such a clever acronym) is set and ready to go into effect in 2010. How will this affect you?  Well, according to an article in today’s Washington Post, the main things are that it will: Lead …

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