Understanding Your Rights: Stopping Foreclosure

Uncategorized Feb 23, 2024

As a bankruptcy attorney with 22 years of dedicated service in Bucks County, Pennsylvania, I've seen the devastating impact foreclosure can have on families and individuals. The prospect of losing one's home is not only a financial disaster but also an emotional ordeal.

Many homeowners have rights and options to stop foreclosure. It's important to know these options to protect your home. This article aims to shed light on these rights and provide you with the knowledge to navigate this challenging situation.

Foreclosure in Bucks County: The Reality

Foreclosure rates can fluctuate because of various factors, including economic conditions, job loss, and changes in the housing market. In Bucks County, like everywhere else, homeowners struggling financially may end up in foreclosure. With the right information and strategies, you can create a workable plan to keep ownership of your home.

Your Legal Rights in the Foreclosure Process

The Right to Notification

Pennsylvania law requires...

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How Do I Stop A Sheriff Sale? Insights from a Bucks County Bankruptcy Attorney

Uncategorized Feb 20, 2024

 In Bucks County, Pennsylvania, some homeowners are facing the possibility of a sheriff sale because of financial problems. I have been a bankruptcy lawyer in this area for 22 years. During this time, I have witnessed the impact of losing a home on families.

The good news is that there are several strategies and legal avenues available to those facing this daunting situation.

Understanding Sheriff Sales

A sheriff sale in Pennsylvania is when a mortgage lender sells a property to get back money owed on a mortgage. This typically occurs after the homeowner has defaulted on their mortgage payments. While the thought of a sheriff sale is intimidating, it's crucial to remember that you have rights and options.

Sheriff Sales in Bucks County

Bucks County, like many areas, has seen its fair share of sheriff sales. Economic downturns, personal financial crises, and pandemics can lead to an increase in these events. The frequency of these events may vary from year to year. The emotional...

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Chapter 7 Bankruptcy and How It Works in Bucks County

Uncategorized Feb 13, 2024

 Chapter 7 Bankruptcy is a legal process that provides a lifeline for individuals overwhelmed by debt, offering a fresh start by discharging eligible debts. Learn how Chapter 7 bankruptcy works in Bucks County if you want to improve your financial situation.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, also known as "liquidation" or "straight" bankruptcy, is meant to eliminate most unsecured debts. It's the quickest, simplest form of bankruptcy, making it a popular choice for individuals unable to meet their debt obligations.

The Process:

  1. Filing the Petition: The process begins with filing a bankruptcy petition in the U.S. Bankruptcy Court in the Eastern District of PA serving Bucks County. This petition includes detailed documentation of debts, assets, income, and expenses.
  2. Automatic Stay: Immediately upon filing, an automatic stay goes into effect, halting creditors' collection attempts, foreclosures, and repossessions.
  3. The Bankruptcy Trustee: The court appoints a...
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Bankruptcy vs. Debt Consolidation: A Bucks County Bankruptcy Attorney's Perspective

Uncategorized Feb 02, 2024

For 22 years, I've helped many people in Bucks County, PA with bankruptcy. I guide them through financial troubles.

Two paths often considered by those grappling with overwhelming debt are bankruptcy and debt consolidation. Each option carries its own set of implications, benefits, and drawbacks.

Understanding Bankruptcy and Debt Consolidation

Before delving into the nuances of each choice, it's crucial to understand what bankruptcy and debt consolidation entail.

Bankruptcy is a legal proceeding involving a person or business unable to repay outstanding debts. The process begins with the debtor filing a petition, leading to the evaluation of the debtor's assets and liabilities. Bankruptcy can result in selling assets (Chapter 7) or making a payment plan (Chapter 13) to repay creditors gradually.

Debt Consolidation involves taking out a new loan to pay off multiple debts. This choice can make your payments easier by combining different debts into one loan with a lower interest rate....

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What Happens After I File Chapter 13?

chapter 13 bankruptcy Sep 18, 2023

The Chapter 13 Process

Once you file a Chapter 13 bankruptcy, an automatic stay will go into effect. The automatic stay will prevent creditors from collecting their debt outside of bankruptcy.  This means that foreclosure actions stop, lawsuits filed against you will stop, tax collection will stop, sheriff sales of your home will stop - basically any kind of collection practice will be stopped by the chapter 13 bankruptcy filing.

A chapter 13 bankruptcy is a type of bankruptcy that will force creditors into some kind of payment plan. The amount of this payment and the length of the payment plan will vary from case to case, and will depend upon a number of factors: income in the household, monthly living expenses, assets owned by the filer, and type of debt that need repayment. Some types of debt, including mortgage arrears, car loan arrears, and most tax liabilities must be repaid in full during the bankruptcy case. Depending on the circumstances, some type of debt like credit...

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Chapter 7 versus Chapter 13 Bankruptcy

Bankruptcy is a legal process designed to provide relief to individuals and businesses
overwhelmed by debt. Two common types of bankruptcy filings available for individuals within
Pennsylvania are Chapter 7 and Chapter 13. While both aim to help debtors achieve a fresh
financial start, they differ significantly in terms of eligibility, procedures, and outcomes. In this
article, we will explore the key differences between Chapter 7 and Chapter 13 bankruptcy,
enabling you to gain a better understanding of each and choose the most appropriate option for
your unique circumstances.

Chapter 7 Bankruptcy:

Chapter 7 bankruptcy, often referred to as "liquidation bankruptcy"; involves the sale of a
debtor's non-exempt assets to repay creditors.

Here are the essential aspects of Chapter 7 bankruptcy:
1. Eligibility: Chapter 7 bankruptcy is available to individuals, married couples, partnerships, and
corporations. However, eligibility is subject to meeting certain criteria, primarily based on
income and...

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Saving Your Home Through Bankruptcy

Homeowners struggling with mortgage payments have several ways to keep their house. One
option, sometimes disregarded by struggling homeowners, is bankruptcy.

An important benefit of bankruptcy is that foreclosure proceedings are immediately stopped.
This protection from foreclosure – called an “automatic stay” — allows a homeowner extra
time to get current on mortgage payments. Once a bankruptcy is filed, the law requires that
the mortgage company stop all legal action, including foreclosure. Depending on the type of
bankruptcy filed, it can help force the mortgage company into a payment plan for the arrears,
or give you the time you need to accomplish your goals with the house.

Generally speaking, it is not possible to force creditors to alter the terms of the mortgage
through bankruptcy. However, for those borrowers who are going through bankruptcy,
mortgage lenders may be willing to negotiate a loan modification. This includes reducing
interest rates or allowing...

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