The Fair Debt Collection Practices Act and Finding Debt Assistance

No matter what your financial situation is, you don’t deserve to be harassed by creditors and collection agents. In fact, any aggressive or manipulative debt collection practices are illegal, thanks to the 1962 Fair Debt Collection Practices Act (FDCPA). If you’re struggling to meet debt payments each month, you may begin to see some of the nastier collection practices creditors employ. If you’re experiencing that kind of aggression, remember that it’s illegal and you can protect yourself against it. At Behm Law Group Ltd., we see many clients take action to protect themselves from creditors by finding effective debt assistance in Mankato, MN, and the surrounding area by filing a bankruptcy case.

 

While there are ways to protect yourself against aggressive creditor action without filing for bankruptcy, the advantage you gain with a bankruptcy petition and the subsequent automatic stay can be extremely impactful. As soon as you file a bankruptcy petition, the court places an automatic stay on the collection actions of your creditors. If they attempt to continue collections, they may be facing legal repercussions and significant punitive, monetary sanctions. With the additional protection of a Behm Law Group attorney, you can be sure you will be safe from creditor harassment for the duration of your bankruptcy case and afterward.

 

Even if you aren’t filing for bankruptcy, you can still trust in the FDCPA to protect you from creditor misconduct. Under the laws outlined in this act, creditors are prohibited from the following:

 

  1. Calling you without identifying themselves as your creditor, a collection agency, or other related party tasked with collecting on your debt.
  2. Calling you with excessive persistence.
  3. Calling you during inconvenient hours of the day or any time at night (9 pm to 8 am).
  4. Call you or otherwise contact you at your workplace if your employer does not allow it.
  5. Contacting any third parties other than your original creditor (if they are a hired collection agency), credit reporters, and your attorney. The exceptions to this are spouses, co-debtors, and parents of minor-age debtors—all of whom they can call unless you have a written request for them to stop contact.
  6. Claiming to be an attorney.
  7. Claiming you owe more money than you do or adding extra interest, fees, and charges that are not legally included in your contract.
  8. Sending you fake legal documents.
  9. Threatening you with violence.
  10. Using profanity or obscene language with you or other parties.
  11. Telling you that you will go to jail if you don’t pay the debt.
  12. Telling you that the non-payment of your debt is a criminal offense.

 

If you are experiencing any of these illegal actions with your creditors or collection agencies, you have the power to stop them. You can ask them directly to stop in a formal letter, which often works. You can also document their illegal actions if you suspect it will be used in court, file a complaint with the Federal Trade Commission (FTC), and/or sue them in court.

 

To learn more about creditor actions and bankruptcy debt assistance in Mankato, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

How Objections to Discharge Are One of the Potential Risks of Bankruptcy

For many U.S. citizens, maintaining financial well-being is a difficult prospect, and any additional debt burdens can send a household into a serious financial situation. If you are finding it impossible to meet debt payments each month, you may want to take advantage of legal sources of debt relief, such as filing for bankruptcy. Bankruptcy is a government-sanctioned debt relief process that provides thousands of individuals with long-term financial stability each year. If you are planning on filing a petition, Behm Law Group Ltd. can help you navigate each step and be aware of the potential risks of bankruptcy in New Ulm, MN, that might arise in your case.

 

While possible risks of bankruptcy are frequently overblown with hyperbole, the truth is that if your situation is the right one for the bankruptcy process, there are very little risks to filing. The two most common types of bankruptcy available to individuals are Chapter 7 and Chapter 13. Both bankruptcy types have pre-filing requirements and other conditions that limit possible abuse of the system and often prevent those whose financial situation isn’t right for bankruptcy from filing. Additionally, with the help of a Behm attorney, you can avoid or predict potential risks during your case.

 

One obstacle filers might face is an objection to the discharge of a debt. This occurs most often during a Chapter 7 case in which a filer typically receives debt discharge in exchange for the liquidation of non-exempt assets. Creditors or trustees can raise an objection to the discharge of a particular debt for a variety of reasons, most commonly due to some form of fraud. If the filer has attempted to abuse the bankruptcy system or has committed a fraud, such as purposefully listing incorrect information on the paperwork, an objection to a discharge may be warranted. If the objection to discharge is based on an unintentional act that led to a mistake in paperwork or a missing document, a discharge will likely still be awarded if that mistake is corrected.

 

In some cases, however, fraud is not the reason for an objection to discharge. Two main conditions that may lead to an objection of discharge even if the case is filed correctly and no fraud is present are:

 

  • A debt that was incurred close in time to the bankruptcy filing – usually within the 90 days preceding the bankruptcy filing date – for gambling, an expensive trip, the purchase of a luxury item such as a vehicle or jewelry, or the purchase of some expensive item for some other person.
  • Student loans, tax debts, alimony or child support obligations that paid off with credit cards.

 

Objections to debt discharge are a nuanced part of the process. With the guidance of Behm Law Group, you can be sure your case in New Ulm, MN, will be filed accurately and in the most beneficial way to your situation. To learn more about filing and what to expect, contact Behm Law Group Ltd. by calling (507) 387-7200 or emailing stephen@mankatobankruptcy.com.

How Bankruptcy Is a Stigmatized Source of Debt Relief and Why That Assumption is Wrong

Anyone who has struggled financially knows the unfortunate potential of feeling ashamed. While the stigma against poverty and debt isn’t unique to the U.S., it certainly is made worse by our social standards and consumer society. The negative assumptions around debt are a centuries-old standard that will take a change in mindset to reverse. If you have assumptions about debtors and bankruptcy, you’re one of many, but those ideas are not necessarily based on any facts.

 

Rather than being a last-gasp chance for “destitute people” or something that throws your credit into the trash forever, bankruptcy is a highly effective process that provides long-term debt relief, financial stability, and a second chance to thousands of individuals every year. At Behm Law Group, Ltd., we provide advice and protection to our clients, guiding them through the bankruptcy process and helping them receive much needed debt relief in Worthington, MN and the surrounding area.

 

A large part of the stigma against bankruptcy is based on an old idea of tying morality to money and social status. This is an unfortunate mark of the classist history that has saturated the western world for centuries. The idea of “poor” people having low morals is an outdated, problematic one that needs to be left behind along with stigmas against race, gender, and other marks of oppression.

 

The problems of social stigma aside, bankruptcy itself is often seen as the wrong choice because of the impact it has on the filer’s credit. While it’s true bankruptcy will lower your credit score and make you ineligible for certain things like taking out a mortgage, those effects are temporary, and the permanent positive impacts of bankruptcy greatly outweigh the temporary negatives. The assumption that bankruptcy is a bad choice because of any impact it might have on your financial standing is a flawed idea. To see how beneficial bankruptcy is for anyone in the right situation, you only have to look at the number of people who went on to improve their quality of life and maintain a balanced income-to-debt ratio after filing.

 

Those who are in the position to file for bankruptcy are often not able to take out a mortgage in the first place, and it’s likely that their credit score has already been lowered to some degree because of their current income-to-debt ratio, late payments, defaults on loans, and other conditions that lead them to qualify for bankruptcy.

 

Finally, filing for bankruptcy is almost always the better option for debtors than other debt management practices. Debt consolidation, payday loans, debt settlement, and other non-bankruptcy options for debt relief are frequently used to take advantage of people and end up costing them much more in the long run. Bankruptcy is a law-based process that is designed to serve an honest filer’s best interests.

 

To learn more about how bankruptcy debt relief in Worthington, MN is worth it and why the stigma is wrong, contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com.

Why Bankruptcy Cases Decreased during COVID-19 Shutdowns, and What the Future Will Bring

As we continue to move through this uncertain time, more economic concerns may rise, including the increase in business and individual bankruptcy cases. If you are struggling to meet debt payments during the COVID-19 pandemic, you are not alone. Millions of Americans are finding their finances shaken up in an unwelcome way, and many will find relief in bankruptcy. While filing for bankruptcy is often viewed as a drastic action, the process is a truly effective one that provides debt relief for many more people and businesses than you might think. At Behm Law Group Ltd., we offer clients expert guidance, advice, and legal protection while they find their financial footing as an individual or business by filing for bankruptcy in Owatonna, MN.

 

The initial coronavirus crisis and ensuing shutdowns caused many events to occur, including a steep decrease in the number of bankruptcies filed from March to June. This plunge in cases was directly caused by the lockdown and stay-at-home orders, in addition to some other factors.

 

Why the decrease happened:

  1. Courts were closed during the state-wide shutdowns. This caused the cases already in motion to be halted, and other individuals who might have filed soon were forced to hit the pause button.
  2. The CARES Act included financial boosts for almost every individual with the issuance of stimulus checks and the federal benefit of $600 per week for each individual for unemployment. This aid was added to many people’s bank accounts and it enabled them to pay their creditors during the shutdowns.
  3. The government alleviated many debt obligations through a moratorium on evictions, foreclosures, and other aspects of loans, which included all federal loans and many private loans through banks and other lenders.
  4. Finally, many creditors offered grace periods on loans, giving debtors more time to pay, waiving late fees, and offering forbearance programs. Both the government alleviation and the provision of adjusted debt requirements allowed those struggling financially to better address more pressing needs with their tight budgets.

 

All of the factors that contributed to the decrease of bankruptcy cases are now over. The stimulus checks have been spent, the unemployment benefits will be ending at the end of July, and many other aspects of the CARES Act have run their course. Now, with the debt payment requirements and the consequences for not making payments back to normal, the same financial issues that people faced before the coronavirus pandemic started are becoming problems again. This, in combination with the beginnings of a severe economic recession, show signs that bankruptcies will increase dramatically in the next year.

 

For those facing the newest financial burdens on top of the ones they were already facing before the COVID-19 pandemic started, filing for bankruptcy might be the right choice. To learn more about filing for bankruptcy in Owatonna, MN, and the surrounding area, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

Part Two: The American Shift in Bankruptcy Code

Part One of this blog covers the general history of bankruptcy laws from 1542 to 1776 in Europe and during the founding of the United States. The largest shift in the bankruptcy code occurred when Americans rewrote bankruptcy laws between 1776 and the 1800s. Before this American shift in the bankruptcy code, debtors were treated harshly, severely punished for debts and made vulnerable to creditors and the government. Today, the U.S. bankruptcy code is based on the American shift in how debtors are treated. Fair treatment of all parties involved in a bankruptcy case is the current ideal held up by the bankruptcy code. If you’re considering filing for bankruptcy, Behm Law Group Ltd. can guide you through the process and help you understand how the bankruptcy code in Luverne, MN, and the surrounding area works today.

 

After the founding of the United States in 1776 with the Declaration of Independence and the end of the American Revolution, legislators worked to develop new American laws, including establishing a shift in the bankruptcy code from the English standards. In the early nineteenth century, legislation for bankruptcy changed again to fit the rapidly fluctuating financial conditions and population in the United States.

 

1800: With the practice of U.S. law almost 30 years in, legislators could more effectively examine what was and wasn’t working. The lack of congressional control over bankruptcy was becoming an issue largely due to the economic depression in 1798, and the Bankruptcy Act of 1800 was a direct reaction to this financial crisis. The act followed English law much more closely than previous U.S. legislation, and it was repealed within three years due to its large unpopularity.

 

1841: After another financial crisis in the United States in 1837, legislators passed an act in 1841 that allowed for the filing of voluntary bankruptcies. Previously, bankruptcy cases were forced onto debtors who were unable to repay creditors. This was the second major shift of the U.S. bankruptcy code toward what we have today. However, this act was repealed in 1843 and wouldn’t be readdressed until the severe financial conditions following the Civil War. Similarly, the Bankruptcy Act of 1867 reinstated voluntary bankruptcy until its repeal in 1878.

 

1898: Despite many necessary revisions throughout the twentieth and twenty-first centuries, the Bankruptcy Act of 1898 established the basics of the bankruptcy code we use today. This act offered voluntary bankruptcies to a wider range of people, allowed more composition agreements between creditors and debtors, redefined insolvency, mandated specific grounds for the discharge of debts and the sale of non-exempt assets, limited the number of bankruptcies one could file, and overall realigned the bankruptcy code to better fit into the economic system.

 

Since 1898, many major acts, such as the Chandler Act of 1938 and the BAPCPA of 2005, continue to redefine the bankruptcy code and make changes according to economic and consumer needs. Today, our bankruptcy system is a highly effective debt relief process that has helped millions regain financial well-being. To learn more about the bankruptcy code in Luverne, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

 

How Bankruptcy Offered Debt Relief to Many During the 2008 Financial Crisis

 

During this unsure economic time, many of us look to the past to see how we reacted, what worked, and what didn’t. Since the first Great Depression in the U.S., there have been many ups and downs in the economy. One notable “down” was the 2008 financial crisis. The unexpected depression during that time was a recent crisis that took place in an economy very similar to the one today.

 

While there are many components to any depression, the 2008 crisis is one we can most likely prevent from occurring again. However, if any financial crises happen in our future, individuals and businesses alike can find solid ground and protection from the relief a bankruptcy case provides. If you’re struggling to make ends meet during these challenging times, Behm Law Group, Ltd. can help you find debt relief in Marshall, MN and the surrounding area through the process of filing for bankruptcy relief.

 

The financial crisis of 2008 saw many bankruptcies, including Lehman Brothers, who filed the largest case of all time. Individuals, small businesses, and Fortune 500 companies were all affected financially during this time. A combination of risky investments, the collapse of the housing market, and various other bad choices made by large players in Wall Street led to a severe financial crisis and a trickle-down effect that made everyone change the way they looked at our economy.

 

In addition to many of the large bankruptcy cases like Lehman Brothers, thousands of people across the U.S. found themselves filing bankruptcy to protect their homes and find debt relief. For individuals then (and now) there were two main options.

 

If their income was lower than the state median income, an individual could file for Chapter 7 bankruptcy and have their non-exempt assets sold in exchange for the discharge of debts. In a Chapter 7 case there are exemptions filers can use to protect the vast majority of their assets (in most cases people are able to protect all of their assets) from liquidation, depending on their financial circumstances. In 2007 there were 467,248 non-business Chapter 7 cases. After the crisis in 2008, that number jumped to 949,002 in 2009 and 1,105,534 in 2010.

 

A debtor’s other option was to file for Chapter 13 bankruptcy. This was an option for those with an income higher than the state median income who were ineligible for Chapter 7. Chapter 13 worked to restructure debts into a manageable repayment plan lasting three to five years. In 2007, there were 307,521 non-business Chapter 13 cases. In 2009, that number increased to 393,786, and in 2010, rose again to 430,583.

 

All of the bankruptcy cases born out of the 2008 crisis were effective in many ways, helping to rebalance our economy and provide much needed debt relief to filers. To learn more about filing for debt relief in Marshall, MN during today’s difficult financial times, contact Behm Law Group, Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

Part One: The Beginnings of Bankruptcy Code from the Renaissance to the American Shift

If you have filed for bankruptcy before in Mankato, MN, or are working through a case now with the help of Behm Law Group Ltd., you know there are many intricacies of the bankruptcy code. Bankruptcy laws weren’t always so complex nor with fairness to all parties involved. Since the first semblances of the bankruptcy code starting in 1542, a lot about bankruptcy has changed.

 

1542:  After centuries of brutality against debtors, the first bankruptcy code was enacted in 1542 in the form of the Statute of Bankrupts. Put into place under the reign of King Henry VIII, the statute was an act of parliament and the first law to deal with bankruptcy. Broadly speaking, the act stated that debtors committing fraud (i.e. not making payments) should have all their assets seized and sold. The value of that sale would then be returned to creditors in amounts proportionate to the debts owed to them. While this form of bankruptcy law was less than fair to debtors, it was the first time something remotely resembling our bankruptcy code today was established.

 

1570: In 1570, Queen Elizabeth established the first modification to the still-young bankruptcy laws of England. The second of the English Bankruptcy Acts broadened and specified many of the offenses debtors could commit and the punishments therefore. Despite changes and clarifications, this act was still largely unfair to debtors.

 

1705: Under Queen Anne’s reign in 1705, the first signs of ease to debtors were established. In Queen Anne’s bankruptcy act, debtors had options for discharge and debt relief without the drastic consequences of the past. This departure was considered radical, but since then, every English bankruptcy law included some form of debtor relief provision.

 

1776: In this auspicious year, the United States of America declared independence from British rule, and the shift in bankruptcy law to what it is today began. To emphasize distance from English law, much of American legislation written in the early years of the United States was based on critical examination of what was wrong with how the parliament and monarchy operated. The lack of favor for the people in the English legislature was exactly the opposite of what the United States was founded on, and to shift away from that, every law was carefully outlined, including the bankruptcy code and the treatment of debtors. At this point, Congress had power to enact general bankruptcy legislation, but the standard for bankruptcy was to have each state establish the insolvency laws it saw fit.

 

The American shift away from English bankruptcy law was a significant and critical aspect of what our current bankruptcy code is based on. The fine-tuning and improvement on the American shift will be covered in the second part of this blog post. If you are seeking advice on how to file and navigate the bankruptcy code in Mankato, MN, or the surrounding area today, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com.

The Strange (and Unnerving) History of Bankruptcy

If you’re struggling with financial hardship, you are not alone. Today, over 38 million people in America live at or below the poverty line. While finances should never be paired with human decency, unfortunately for hundreds of years, they have gone hand in hand with social comment. In years past, millions of people living in poverty with debts to pay were treated much differently, and more severely, than they are today. If you are in need of financial relief and are filing for bankruptcy in Windom, MN, you are making a positive choice for your household that is trending away from any social stigma. Indeed, Behm Law Group Ltd. can help you work through your bankruptcy case and receive long-term debt relief that is much different than history’s strange and often drastic reactions to debt.

 

In the past, holding debt was much more dangerous and unsettling than it is with today’s bankruptcy laws. Years ago, in many parts of the world, if you were a debtor and were unable to repay your lender, you could be subject to some unnerving consequences such as those that follow.

 

Corporal punishment: Throughout the majority of history, debtors were punished with physical harm if they did not or could not pay their lenders. A sentence might have manifested itself as a beating, stockage, mutilation, or other similar negative reprisal. In fact, throughout many societies, corporal punishment in varying degrees of severity was the most common consequence of not repaying your debt.

Death penalty: The most severe punishment for unpaid debts was execution. Infamously, the vast empire of Ghengis and Kublai Khan demanded an execution penalty for unpaid debts that was typically inflicted by trampling a debtor to death under horse foot.

Jail time: Throughout history, being thrown into a dungeon or jailed for some time was another common punishment. While jail conditions of the past were significantly less sanitary and more dangerous than they are today, at the time, imprisonment was considered one of the least severe punishments for debtors.

Slavery: Ancient Greeks and Romans implemented debt slavery laws that forced debtors (and often their family members) into indentured labor positions. Debt slaves could work off what they owed over time, but more frequently than not, they faced a life sentence of hard servitude.

“Compromise”: In societies where debt settlements were directly worked out between the lender and borrower, certain compromises were available. These “compromises,” however, were often less than fair to the debtor and could include sacrificing your wife and daughters as property, offering sons into slavery, or facing public humiliation. One compromise is where bankruptcy, which comes from the Latin bancus ruptus, literally “broken bench,” got its name. In ancient Rome, businesses operated from a simple bench or a stall. If they could not repay their debts, creditors could carry off or destroy/break their bench/storefront.

 

There are many other strange ways we have handled debts in the past, but today, we have a well-established system of government-mandated bankruptcy law. If you are considering filing for bankruptcy in Windom, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com today.

Filing with the Help of a Bankruptcy Attorney During Quarantine

After a long spring of dark news and constant worry as we shelter in place, the severity of the COVID-19 pandemic is beginning to show signs of lifting. However, while states are relaxing aspects of the coronavirus lock down, many of us are still coping with work, communication, and other parts of our lives remotely.

 

Minnesota district courts implemented a preparedness plan outlining how they will navigate in the face of COVID-19, but civil cases like bankruptcy are still being conducted largely through remote contact. If you’re struggling with debt and considering filing a bankruptcy case during this unsure time, you can benefit greatly from the advice and guidance of an expert bankruptcy attorney in Pipestone, MN and the surrounding area. Behm Law Group, Ltd. attorneys offer the skill, knowledge, and experience you need to navigate a case in times like this when bankruptcy rules are changing rapidly to address the circumstances of the coronavirus outbreak.

 

Fortunately for all parties involved, bankruptcy is a legal process that can, in part, be done remotely. With phone, video conferencing, email, and other remote contact resources, you can work through the preparation process with relative efficiency. On the other hand, understanding the new rules when it comes to those remote processes can be difficult, and accessibility to continually updated information is less than ideal. Currently, the basic conditions of filing under quarantine include remote scheduling of the following:

 

  • Meetings with your bankruptcy attorney: These can be scheduled over the phone or through video conferencing. Attorneys can provide online drop boxes for forms and all signatures. Your lawyer has the ability to conduct the 341 meeting of creditors with the trustee remotely.
  • Meeting of creditors: The meeting of the creditors (or 341 meeting) is one of your bankruptcy requirements. All creditors may attend, as well as the trustee, the bankruptcy filer, and the bankruptcy filer’s attorney. Currently, these meetings are scheduled through video conferencing or telephonically.
  • Credit counseling: One other bankruptcy requirement that can be conducted in person is credit counseling. All filers must complete a credit counseling course through a court-approved agency within 180 days prior to filing their bankruptcy petition. These counseling sessions are now being scheduled remotely through various means.
  • Document exchange: Finally, all document exchanges between the filer, court, trustee, creditors, and bankruptcy attorney can be done digitally. This includes the suspension of wet (in person) signature requirements. In addition to electronic document exchanges, attorneys are providing digital packets that unpack the nuanced and complicated rules of current filing conditions for bankruptcy.

 

Overall, courts and attorneys have reacted quickly to state shutdowns and other coronavirus conditions, putting remote options into place and changing rules as things progress. To start your filing process remotely, contact Behm Law Group, Ltd. today at (507) 387-7200 or stephen@mankatobankruptcy.com for a trusted, experienced bankruptcy attorney in Pipestone, MN.

 

How the CARES Act Affects Mortgage Forbearances for Those in a Chapter 13 Bankruptcy

Since the beginning of 2020, and for the foreseeable future, everyone in the United States and across the world is dealing with some serious difficulties in the face of COVID-19. One of the most prominent issues many in the United States are struggling with is a lack of income due to shelter-in-place orders and nonessential business shutdowns. Combined with layoffs and other factors, the situation is worse for those who struggled with finances even before the outbreak of the virus. These people are having to take actions to protect themselves and they are working with creditors, banks, and other loan providers to come up with a sound financial plan.

 

The CARES Act was put into place this past March to provide relief to U.S. citizens and businesses through various means. For many, one of the most helpful parts of the CARES Act is the allowance of a mortgage forbearance for up to six months. However, for those working through a Chapter 13 repayment plan, the CARES Act may affect a mortgage forbearance differently than for other individuals. If you are considering filing a Chapter 13 bankruptcy in Waseca, MN, or the surrounding area during this time, Behm Law Group Ltd. can help you understand how the CARES Act could change a mortgage forbearance and other aspects of your finances.

 

For those not in a Chapter 13 bankruptcy, the CARES Act allows individuals to request a forbearance on their mortgage lasting up to six months. There may also be an option to delay making payments on mortgages through forbearance of an additional six months. Requesting this forbearance for those in a Chapter 13 bankruptcy, however, becomes a bit more complicated.

 

For any changes in a Chapter 13 repayment plan, including a mortgage forbearance, all parties involved must be notified. While requesting a mortgage forbearance on the bankruptcy filer’s end is almost the same as for individuals outside of a bankruptcy, the passing of information among the loan services, trustee, and bankruptcy attorney can be complicated. Because the COVID-19 pandemic is an unprecedented situation, the bankruptcy code doesn’t have in-place guidelines to handle issues related to it. Consequently, the reporting of mortgage forbearance requests to parties involved in a Chapter 13 bankruptcy depends on a local district bankruptcy court’s regulations.

 

To properly provide a temporary mortgage forbearance notification in a chapter 13 bankruptcy, the National Association of Chapter 13 Trustees has established a few basic ways mortgage lenders can provide forbearance information to parties involved in a bankruptcy proceeding.

 

  1. General notice: Mortgage lenders can file a general notice with the bankruptcy court outlining the forbearance terms in the court docket for a particular bankruptcy case.
  2. Claims register: Mortgage lenders can also file a claim on the claims register, which is typically more directly linked to the chapter 13 trustee’s system.
  3. Mail a letter: Mortgage lenders can send a physical letter to the bankruptcy filer, the chapter 13 trustee and all interested parties detailing the mortgage forbearance terms.
  4. Notice of payment change: Finally, mortgage lenders can file a notice of payment modification in the bankruptcy court claims register for a particular bankruptcy case.

 

All of these options have their advantages and disadvantages, depending on the locality. Mortgage lenders should be working through whichever process is best for each bankruptcy judicial district.

 

To learn more about mortgage forbearance in a Chapter 13 bankruptcy in Waseca, MN, contact Behm Law Group Ltd. at (507) 387-7200 or stephen@mankatobankruptcy.com today.