Cure Your Mortgage Arrears in a Chapter 13 Bankruptcy in Order to Keep Real Property

We consulted with a medical practice that had substantial liability associated with old equipment leases and other obligations. One of the company’s creditors filed a lawsuit. The value of the company’s assets was far less than the total amount of its liabilities. If sold as a going concern, the company would derive much more value for its creditors than if its assets were liquidated. However, the cost of Chapter 11 was prohibitive.
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We consulted with a medical practice that had substantial liability associated with old equipment leases and other obligations. One of the company’s creditors filed a lawsuit. The value of the company’s assets was far less than the total amount of its liabilities. If sold as a going concern, the company would derive much more value for its creditors than if its assets were liquidated. However, the cost of Chapter 11 was prohibitive.

A client consulted with us in an effort to save her homestead property and investment property. Her children lived in her investment property, so she didn’t want to lose it. However, the client hadn’t paid her mortgage payments or real estate taxes in years on either property.

We filed a Chapter 13 bankruptcy for this client. We were able to cure and maintain her monthly obligations and save both properties. The client was able to maintain the regular monthly payment of $342.78 a month on her homestead, and cure the $22,881.12 in arrearages over 5 years. She was also able to save her investment property by making the regular monthly mortgage payment, the regular monthly homeowner’s association payment of $235.00, and curing the $17,884.38 in arrearages over 5 years. This client did not have any unsecured debt.

We call this type of case a cure and maintain plan. It is a strategic Chapter 13 that allows a debtor to force a monthly payment on a bank without its consent and allows a debtor to become current at the end of the 5-year plan.

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If you are considering filling for bankruptcy , this would be the firm to use! Jonathan is very experienced as well as all of his team, Specially Anne ! They made the process very easy and my case was approved due to their help and expertise! I am very grateful to have had them representing me !
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2023-09-28
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ADRIANNE SURRENCY
2023-03-29
I had a wonderful experience with Jonathan Leiderman at LSS Law. Not only is he well experienced, but he is also very patient and supportive throughout a tough time. I appreciate that he takes such a hands-on approach where there is no going through office staff and waiting for a reply. He deals with you one-on-one, and he is your single point of contact. He takes time to answer all your questions and takes the time to ensure that you understand every aspect. He is highly communicative and does so in a timely manner.... I always got a response within minutes or hours, at the latest 24 hours. I don't know how he does it all, but I am grateful that I had him to represent me! I highly recommend Jonathan and LSS Law!
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Jewel Nicholson
2023-02-16
Jonathan Leiderman did a phenomenal job representing me and taking on my case. His knowledge, experience, and diligence quickly became apparent through his work product and the correspondence that he maintained with me. Furthermore, he was always quick to answer my questions and put my mind at ease during the entire process. Jonathan and LSS Law will forever have my gratitude and I highly recommend their services to anyone who is in need of them.
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2023-02-06
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2022-04-04
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