Molleur Law Blog

Comprehensive Foreclosure Defense

Posted on 01/10/2011 at 11:00 am | Viewed 1,568 times

Molleur Law offers comprehensive foreclosure defense to Maine homeowners.  Whether you are on the verge of foreclosure or a foreclosure law suit has been filed against you in court, we can help you review what options you may have and determine which option may be the best for you.   As part of our comprehensive

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Maine Court Finds Affidavit Filed in Bad Faith and Vacates Summary Judgment Order in Foreclosure

Posted on 10/01/2010 at 02:51 pm | Viewed 1,907 times

Read the order here:

• Four Motions Order.pdf

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Supreme Court Decides Two Cases

Posted on 06/28/2010 at 12:00 am | Viewed 1,505 times

The U.S. Supreme Court recently issued several decisions in consumer bankruptcy court cases.

Each case addressed an issue that divided the circuit courts across the country. In the case of Schwab v. Reilly, the Supreme Court held that where a debtor claims a certain dollar exemption in property, the exemption is limited to the

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Recent Supreme Court decisions

Posted on 03/26/2010 at 12:00 am | Viewed 1,179 times

There have been several important US Supreme Court decisions recently. The first is Milavetz v. United States in which the Supreme Court ruled that debtors’ bankruptcy counsel are “debt relief agencies”. The Bankruptcy Code requires debt relief agencies to provide certain

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Chapter 13 Debt Limits to Adjust on April 1, 2010

Posted on 03/26/2010 at 12:00 am | Viewed 1,286 times

On April 1, 2010, the debt limits in Chapter 13 will upwardly adjust. Sometimes a bar to Chapter 13, these new debt limits may make filing Chapter 13 now possible where the same debtor may have had to file an individual Chapter 11 cases.

Every three years (11 U.S.C. §104), the Bankruptcy Code increases the debt limits in

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First Circuit Holds Alimony Penalty Dischargeable

Posted on 11/09/2009 at 12:00 am | Viewed 775 times

The First Circuit Court of Appeals recently decided the case of In re Nelson Smith, in which the issue of a penalty payment on an alimony obligation was determined to not be a domestic support obligation.  In Smith, a debtor had been ordered to pay certain alimony obligations as part of a divorce judgment.  The judgment further

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Phantom Expenses on Means Test

Posted on 08/29/2009 at 12:00 am | Viewed 887 times

The First Circuit Court of Appeals, in In re Rudler,  recently ruled that above median income Chapter 7 debtors may take Means Test deductions for payments on debts secured by property that they intend to surrender.  This issue has been hotly contested around the country with the United States Trustee taking the position that the

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NACBA Report on Loan Modifications

Posted on 01/31/2009 at 12:00 am | Viewed 619 times

The National Association of Consumer Bankruptcy Attorneys (NACBA) has issued a press release which provides evidence that loan modifications are not effectively working for many homeowners.  NACBA's research shows that more than half of homeowners in financial distress are not being helped by loan modifications and those that are helped

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Loan Modifications in Chapter 13

Posted on 01/06/2009 at 12:00 am | Viewed 730 times

Mortgage companies understand that they need to be more reasonable with borrowers in financial trouble.  Many mortgage companies are willing to agree to loan modifications which alter the interest rate of loans and incorporating missed mortgage payments into the mortgage loan, provided that the borrower meet certain financial

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Means Test Ruling in Maine

Posted on 11/30/2008 at 12:00 am | Viewed 548 times

The Maine Bankruptcy Court issued a ruling on November 18, 2008 on the means test in the case of In re Coffin.  Coffin filed a Chapter 13 bankruptcy case and filed a Chapter 13 plan.  A creditor and the Chapter 13 Trustee objected to the plan on the grounds that the means test required Coffin to pay more money into his payment plan

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