Consumer Bankruptcy

BAPCPA Didn’t Entirely Stop Mortgages from ‘Riding Through’ Chapter 7

The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.

District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

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