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Maryland Foreclosure “Moratorium” to Expire Soon »

When Governor O’Malley signed into law changes to Maryland’s foreclosure laws effective on April 4, 2008, new foreclosure filings stopped. Although the new law’s changes were, in most instances, more cosmetic than substance (see my article on the Mortgage Law Network, “Changes to Maryland Foreclosure Law: Steak or Sizzle?“) they contained provisions that resulted in […]

Brett Weiss Quoted in “Washington Business Journal” on Chapter 11 Business Bankruptcy »

Brett Weiss was quoted in the January 25, 2008 issue of the Washington Business Journal in connection with the recent bankruptcy filing of one of his Chapter 11 developer clients. Weiss was quoted as saying, “We all know that the current housing market is lousy. And this is making things hard for a lot of […]

Maryland Foreclosure Taskforce Issues Report »

While traditionally, Maryland has not been the most homeowner-friendly state in terms of its foreclosure procedures, things have gotten far worse with the deepening of the mortgage crisis. According to State officials, Maryland has jumped from No. 40 to No 15 in foreclosures nationally. A recent article in The Washington Post summarizes the recommendations of […]

Brett Weiss Files Amicus Brief for National Association of Consumer Bankruptcy Attorneys (NACBA) »

Brett Weiss has filed an amicus brief on behalf of NACBA, in a case before the Maryland Bankruptcy Court, In re Bellamy, Case No. 07-11332, The brief argues that debtor’s counsel’s fees must be paid as a priority administrative expense, before claims of secured and unsecured creditors; concurrent payment is not allowed. A copy of […]

“Why Do You Need All This Information?” »

My friend, California State Bankruptcy Attorney Cathy Moran, wrote a recent blog titled, “To Tell the Truth,” talking about the information that is now required from clients to file under the new bankruptcy law (BAPCPA). Cathy correctly notes that, “Calling for gobs of only marginally relevant information was one strategy that creditors included in the […]

How Can I Qualify for a Chapter 13 Bankruptcy? »

Just about everyone, regardless of how much debt they have, can qualify for Chapter 7 bankruptcy (so long as they are eligible under the Means Test). But Chapter 13 bankruptcy is different. In a Chapter 13 case, you have to owe less than a certain amount of debt to qualify.

Changes to Maryland’s Chapter 13 Local Rules and Form Plan »

On October 19, 2007, the Bankruptcy Court announced changes to Local Rules applying to Chapter 13 cases and to the form Chapter 13 Plan. These changes take effect on November 1, 2007, and are fairly significant. (The new/changed language is in italics):

Medical Bankruptcy »

I am often told by potential clients that they want to file a “medical bankruptcy.” Is there such a special type of bankruptcy designed to deal only with medical debts? No. But a recent blog I posted to the Bankruptcy Law Network discusses how someone with crushing medical bills can file for bankruptcy relief while, […]

New Decision On Bankruptcy for People Living Outside the United States »

The Honorable Nancy V. Alquist, a Judge on the United States Bankruptcy Court for the District of Maryland, entered a ruling on September 28, 2007 in an important case I argued, In re Baker. This case deals with international bankruptcy at the individual level—it lets people living outside the United States file for bankruptcy in […]

Bankruptcy Filings in Maryland Up By 42% »

Bankruptcies filed during the first six months of 2007 were up 48 percent over the same period in 2006, according to data released on August 16 by the Administrative Office of the U.S. Courts. Total filings were 404,090 during the first six months of 2007 compared to 272,604 cases filed over the same period in […]