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One of the most interesting, and at times vexing, issues that arises in bankruptcy proceedings involves the jurisdiction of the bankruptcy courts. In 2011, the U.S. Supreme Court weighed in with its noteworthy decision in Stern v. Marshall, in which it held that bankruptcy courts lack the constitutional authority to enter a final judgment on a state law counterclaim that is not related to the bankruptcy proceeding. Since Stern, a number of cases have been published - at both the bankruptcy court and court of appeals level - where Stern jurisdictional issues have been raised and adjudicated. Read More ›
Tags: 6th Circuit Court of Appeals

Second Chance Legal Services is extremely excited to announce the hiring of Zenon Kwik as a new attorney with our firm.  Zenon will be focusing his practice on Estate Planning, Loan Modifications, Debt Negotiation, and Short Sales.  Zenon is a lifelong resident of Madison Heights, a graduate of Wayne State University and University of Detroit Mercy School of Law, and has been a licensed attorney since June of 2008.
With the addition of Zenon, Second Chance Legal Services is expanding our practice areas, however we are keeping true to the core beliefs of the firm.  We are here to provide affordable, quality legal representation for your financial life.  If you would like to schedule an appointment with Zenon to review your estate plan, please call us at (248) 629-6367.
 

Mortgage modification rules make it easier to combine a mortgage modification, including under HAMP  with a Chapter 13 Bankruptcy. Combining a HAMP mortgage modification may be beneficial to many homeowners.

The filing of a chapter 13 bankruptcy generally stays all foreclosure and collection actions by mortgage companies and other creditors. This allows a person to formulate a chapter 13 plan to reorganize their financial situation.

A typical homeowner who owes more on their home than it is valued at will propose a chapter 13 plan to avoid their second mortgage lien and categorize it with other unsecured claims, such as credit cards. The homeowner will also file a HAMP mortgage modification request if they haven't already file it. The chapter 13 plan will provide for payment of the estimated and anticipated HAMP modified mortgage payment. The chapter 13 plan provides also provides for a percentage dividend to unsecured creditors.

Filing for a HAMP modification together with a chapter 13 bankruptcy may increase the likelihood of obtaining a HAMP modification for various reasons, including the increased feasibility of making the new payment for the first mortgage, as the second mortgage is avoided and categorized as an unsecured creditor. Also, as the HAMP is being filed in the context of the chapter 13 case, it may receive more prompt review by the mortgage company.

A typical HAMP modified mortgage payment is calculated as 31% of the homeowner's gross income. The 31% amount would cover principal, interest, taxes, insurance and associations.(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications

The immigration status of a property owner is a very important component of whether a property actually is entitled to a Florida homestead status. For example, homestead status was denied to property owned by

• Canadian tourists who were only in the U.S. temporarily  and did not have the legal right to have the requisite intent to reside permanently in Florida.  
• A Hungarian citizen who only held a multiple-entry business visa that barred him from remaining in the U.S. for more than 180 days at a time and was only granted permanent residency status on a conditional basis as his marriage to a U.S. citizen was for less than 2 years. 

In a recent case though, the Third District Court of Appeals in Florida allowed the property homestead status as it found that the property owner did meet the requirements of the homestead provision of the Florida Constitution finding that he intended to make the property his family's permanent residency as his son who was a U.S. citizen resided at the property, the property owner and his were did live at the property and were legally entitled to live temporarily in the U.S., and he and his wife were in the process of applying for permanent residency status.

The Court of reversed the lower court's ruling that denied the property homestead status which would have made the property subject to the claim of a creditor. The Court of Appeal explained that the Florida courts liberally construe the constitutional homestead exemption in the interest of the family home and in favor of "those it was designed to protect."   The Court also noted that the Florida Supreme Court does not even require a property owner to reside at the property for it to have homestead statuts, but that it was sufficient that the property owner's family resides at the property and that the property owner intended to make the property his family's permanent residence.

(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases and Mortgage Modifications