AS MORTGAGE FORBEARANCE PROGRAMS END, FORECLOSURES MAY BEGIN TO RISE. In response to the COVID-19 pandemic, Congress passes the CARES Act in April 2020 which included, among other things a foreclosure moratorium for all federally-back residential mortgages- that is, all mortgages backed by Fannie Mae, Freddie Mac or the FHA- approximately two thirds of all…
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Bipartisan Bill Proposes to Make Student Loans Dischargeable in Bankruptcy Student loans are the second largest category of consumer debt in America, after home mortgages. According to the Federal Reserve, over 45 million Americans owed more than 1.7 trillion in student loans. Approximately 15% of all outstanding student loans are in default at…
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In general, filing for bankruptcy can eliminate most types of debts. One major exception to this rule is for student loans which are usually excepted from discharge unless the borrower can demonstrate an “undue hardship”. The exception to discharge for student loans has generally been interpreted to apply to both public and private student loans. …
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One of the most common questions people ask us about the effects of filing for bankruptcy is whether, and when, they will qualify for a mortgage after filing. While it is certainly true that filing for bankruptcy can have a long-term effect on your credit, that does not mean that you cannot ever get a…
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PLAN CAREFULLY BEFORE HIRING A HOME IMPROVEMENT CONTRACTOR Over the past few years, Massachusetts home values have gone up significantly and, with interest rates at all-time lows, many people are using the equity in their homes to fund renovations and additions. When planning a home renovation project, you want to be sure to select a…
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Last Sunday on Last Week Tonight with John Oliver, comedian John Oliver gave us his hot take on the status of personal bankruptcy in America. In his characteristic form of enraged humor, the HBO host highlights some of the benefits and shortcomings of America’s consumer bankruptcy laws while dispelling one of the biggest myths surrounding…
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One of the principal purposes of bankruptcy is to provide an “honest but unfortunate debtor” with a fresh start and a new opportunity in life, free from the burden of debts. In exchange, the debtor must surrender their non-exempt property for the benefit of their creditors. To be sure, most people who file for bankruptcy…
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One of the greatest misconceptions people have about filing bankruptcy is that all their property will be taken when they file. Consequently, many people struggling with debt will never even consider bankruptcy as a way to get out of debt. Our clients are often surprised to learn that they can get debt relief through bankruptcy…
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Differences Between Chapter 13 Bankruptcy and Debt Consolidation One of the questions most often asked by our clients is about the difference between bankruptcy and private debt-consolidation companies. Many debt-consolidation companies (also known as debt-relief companies) advertise debt consolidations plan a way out of debt without having to file for bankruptcy. Their clear implication is…
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