Thursday, March 4, 2010

New Means Test and Median Income Numbers

For bankruptcy cases filed after March 15, 2010, new means test and median income figures apply. The details are available here: http://www.justice.gov/ust/eo/bapcpa/20100315/meanstesting.htm

Wednesday, March 3, 2010

New Dollar Amounts in Bankruptcy

For bankruptcy cases filed after April 1, 2010, new dollar amounts will apply. The list of changes can be viewed here: http://www.bkmass.com/misc/output.pdf. The most notable increases are the Chapter 13 debt limits, the dollar amounts of the federal exemptions, and the homestead cap (increased to $146,450).

Tuesday, March 2, 2010

New Rules for Mortgage Modifications in Massachusetts Bankruptcy

Today, the Massachusetts Bankruptcy Court issued an emergency standing order rendering void provisions in proposed loan modifications that state that the automatic stay will be lifted or waived upon default of the debtor. The order can be viewed here: http://www.mab.uscourts.gov/pdfdocuments/so10_02.pdf. This is a good rule. Debtors are often desperate for loan modifications in bankruptcy and will agree to anything that lowers their loan payment. The new rule prevents them from bargaining away the automatic stay if they default on their loan modification payments.