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Lateral Appeal in BKR to District Judge Often Overlooked — Livinglies’s Weblog

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]

via Lateral Appeal in BKR to District Judge Often Overlooked — Livinglies’s Weblog



A Successful Consumer Mediation Program in Detroit’s Bankruptcy Court — MEDIATBANKRY

By Donald L. Swanson “Mediation of consumer bankruptcy disputes has been very successful in our Bankruptcy Court.” –Steven W. Rhodes, Chief Bankruptcy Judge (Ret.) in Detroit. Consumer disputes in bankruptcy cases rarely mediate. This appears to be a stubborn reality just about everywhere. A Successful Consumer Bankruptcy Mediation Program So, when I hear the words “consumer […]

via A Successful Consumer Mediation Program in Detroit’s Bankruptcy Court — MEDIATBANKRY

Correction of a clerical error in United States Bankruptcy Court



Requesting judicial notice in Bankruptcy Court



Rule 7001(2) complaint to determine validity of liens in United States Bankruptcy Court



Bad News BEARS! No stripping off of 2nd Mortgages in Chapter 7

United States Supreme Court rules that an underwater second mortgage cannot be stripped off in a Chapter 7 bankruptcy in Bank of America v. Caulket.


 Supreme Court Outlaws Chapter 7 ‘Stripping Off’ of Second Mortgages

Supreme Court Outlaws Chapter 7 ‘Stripping Off’ of Second Mortgages


The U.S. Supreme Court ruled on Monday that an underwater second mortgage cannot be extinguished, or “stripped off,” as unsecured debt for a debtor in bankruptcy, according to theSupreme Court‘s website.

In the cases of Bank of America v. Caulket andBank of America v. Toledo-Cardona, Florida homeowners David Caulkett and Edelmiro Toldeo-Cardona had filed for Chapter 7 bankruptcy and had second mortgages with Bank of America extinguished by a bankruptcy judge following the housing crisis of 2008 based on the fact that they were completely underwater. On Monday, just more than two months after hearing arguments for the case, the Supreme Court ruled in favor of the bank.

When the Supreme Court heard arguments for two cases on March 24, attorneys representing Bank of America contended…

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Banks Ignore the Bankruptcy Laws

The big banks are now ignoring the Bankruptcy laws by attempting to collect debts that have been lawfully discharged in a Bankruptcy by a specific order of a United States Bankruptcy Judge. There is big money at stake and the big banks want the money so bad they are now ignoring court orders. They seem to think that the laws do not apply to them. They need to be taught a lesson but I doubt the Justice Department will do much of anything except slap their wrist.


US Trustee Program

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing.  Or have they?

The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations. 

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