Home -> Law Blog Directory -> Bankruptcy Blogs -> Bankruptcy Articles & Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Bankruptcy Articles & BlogLoan Modifications can be done even inside a bankruptcy
By Attorney Goldstein
For Debtor?s in Massachusetts, a new standing order of the Bankruptcy court may provide for significant mortgage relief even when the automatic stay is in place. The benefit f mortgage workouts or loan modifications as they are commonly referred to has not been an option for many Debtors who have filed for protection under the bankruptcy laws. More specifically, Section 362 of the bankruptcy code makes it illegal for a Creditor and Debtor to negotiate a change to the terms of their mortgage or any other contract for that matter pursuant to the Automatic Stay. Now a standing order by the court may provide some relief.
Standing Order 09.03, reads in pertinent part, ?To the extent that the Automatic Stay Pursuant to 11 U.S.C. s. 362(a) may be applicable to a Debtor or property of the estate and has not been terminated or lifted, relief from the automatic stay shall be deemed granted, without a hearing or further order ? in order to enable a Secured Creditor ? to discuss and or negotiate with a Debtor a proposed modification of the terms of any secured indebtedness including without limitation, a home mortgage? Further, nothing herein shall authorize a Debtor or Creditor to enter into a loan modification without Court authority.?
What the foregoing would seem to say is that it is now permissible to file a chapter 7 or 13 bankruptcy in order to discharge unsecured debt and while inside that bankruptcy, conduct a loan modification. Once a proposal has been put forth by the Creditor and accepted on principal by the Debtor, the Parties only then need to obtain court approval for such a transaction.
Full post as published by Bankruptcy Articles & Blog on May 29, 2009 (boomark / email).
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Bankruptcy Law
A complete prime (pre-2005)
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Whats a Home Loan Modification?
How to Qualify for a Home Loan Modification
Loan Backers
Mortgage Lenders Network pays $855,000 bankruptcy settlement for unfunded mortgages.
Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.
Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.
Wells Fargo Faces Loan Discrimination Class Action
Wells Fargo Faces Loan Discrimination Class Action
Aurora Loan Faces Class Action over Mortgage Review Services
Aurora Loan Faces Class Action over Mortgage Review Services
Student Loan Xpress Settles Class Action with Students
Student Loan Xpress Settles Class Action with Students

Mortgage Loan Modification May Soon Be Allowed in Chapter 13 Bankruptcy
Kurt Eggert Paper: What Prevents Loan Modifications
Bankruptcy Cramdown Mortgage Loan Modification Key Banks Approve Possible Legislation
Are Mortgage Modifications in Bankruptcy a Good Idea - Part One
Loan Modifications a Bad Deal for Main Street
MBA & CRL duke it out on Bankruptcy reform







