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Archives for February 2015

How Does the Lack of Uniformity in Laws Affect Mortgage Loan Servicers?

As reported by Marcy Ford, Managing Partner of Trott Law PC: Marcy Ford is a managing partner and EVP of Bankruptcy and Firm Operations with Detroit-based Trott Law P.C. She is a member of the State Bar of Michigan, the Federal Bar Association, the Oakland County Bar Association, the American Bankruptcy Institute, and the National Association of…

How Does a Debtor Establish That case was filed in good faith for purpose of Code § 362(c)(3)(B) to Extend the Automatic Stay?

In assessing whether a debtor’s bankruptcy case was filed in good faith for the purpose of Code § 362(c)(3)(B), courts have considered the following non-exhaustive list of factors: (1) the timing of the petition, (2) how the debtor’s debts arose, (3) the debtor’s motive, (4) how the debtor’s actions affected creditors, (5) why the debtor’s…

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