When Filing a Chapter 13 Bankruptcy, Timing Matters
Timing matters in Chapter 13 bankruptcy. Just as important as knowing whether to file is knowing when to file. Issues surrounding the timing of the filing of a Chapter 13 bankruptcy can cause your case to be dismissed. When you must file quickly You must file your bankruptcy prior to a foreclosure auction or you […]
Can Eviction Happen in Cold Weather?
Landlords in Virginia can legally evict you during a blizzard, but in Maryland and DC, whether you can be evicted depends upon just how cold it is. Cold weather evictions in Washington, DC In the District of Columbia, the U.S. Marshals Service executes writs of restitution issued by DC Superior Court judges. D.C. Code § 42–3505.01 […]
Foreclosure Non-Retention Options
If you have a property in foreclosure, your mortgage lender will likely send you all sorts of correspondence. You may have modification or reinstatement options, which is great if you want to retain the property. But for a variety of reasons, the bank or servicer may not be willing to entertain modification or refinance. In […]
Big Change to Virginia Landlord and Tenant Law
On July 1, 2017, a new law takes effect that represents a big change to Virginia landlord and tenant law. The law specifically affects tenants with landlords in foreclosure. Now leases terminate upon foreclosure. This is a big change and will affect many renters in Virginia. I have written (Does Foreclosure Terminate a Lease?) on […]
Does Foreclosure Terminate a Lease?
If you rent your home and your landlord is in foreclosure, you are fully justified in wanting to know: Does foreclosure terminate a lease? You may have an excellent relationship with your landlord, but if your landlord is in foreclosure, watch out. Legal ownership of your home will transfer to a new landlord once the […]
Bankruptcy Stops Eviction — Unless There’s an Eviction Order
If you are behind on your rent, bankruptcy may a good option for you. In many situations, Section 362 of the Bankruptcy Code (the Automatic Stay) can stop your landlord from continuing eviction proceedings. In fact, bankruptcy stops eviction in almost every case, but not all. If your landlord has obtained a writ of possession, […]
Emergency Bankruptcy
A person may need to file an emergency bankruptcy to prevent some particular action by a creditor, like garnishment, repossession, or a foreclosure auction. In such cases, the bankruptcy court allows a bankruptcy case to commence with the filing only of the six-page voluntary petition, without the required accompanying forms and schedules. An emergency bankruptcy […]