Monday, January 21, 2008
Do you need more time to deal with your mortgage problems? Try filing for Chapter 13 bankruptcy and you could buy yourself a few more months - at least that's the strategy that people are now using in Las Vegas. Bankruptcies have hit new highs, particularly in Nevada, as the housing market has crashed leaving many out in the cold. Those seeking bankruptcy protection for their housing woes may also benefit from future laws aimed at empowering bankruptcy attornies with the ability to reduce the amount owed on mortgages - similar powers to what they can now do with unsecured debt...
From The New York Times:
John Rao, a bankruptcy specialist and lawyer with the National Consumer Law Center in Boston, said he saw a spike six months ago in Chapter 13 filings because of consumers’ mortgage problems.

Professor Lawless, a bankruptcy specialist, also saw a connection between foreclosures and Chapter 13 filings. “The new law has contributed to a higher percentage of Chapter 13s, but the mortgage crisis undoubtedly plays a role,” he said. “Distressed homeowners traditionally file Chapter 13 to save their homes.”

In Las Vegas, Judge Bruce A. Markell of United States Bankruptcy Court has seen a larger percentage of Chapter 13s lately. But an increasing number are “placeholder” filings by consumers who have no possibility of affording their mortgages’ resetting interest rates, he said.

Unless a creditor is very diligent, a Chapter 13 filing stays a foreclosure for two or three months, Judge Markell explained: “The placeholder filing buys you time to time to maneuver, to find another location.”

1/21/2008 6:34:04 PM UTC  #    Comments [0]  |  Trackback