Legal Question in Bankruptcy in California

Hr 1106

I know HR1106 passed the house and is in the Senate. If I were to file bankruptcy now, and it passes at a later date; would I be able to take advantage of asking the judge to modify our home loan or if I want this advantage, do I have to wait for the law to be in place (approved by the senate) then file bankruptcy?


Asked on 3/22/09, 8:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Hr 1106

That is a total unknown. As written today, the bill is retroactive, but its not entirely clear how that would work. It will take, in addition to the law passing in Congress and being signed by the President, an implementing set of procedural rules to determine how this will work. The Senate might only agree to pass the bill if the retroactivity is removed, in which case if you have filed, you cannot take advantage of it. I am counselling clients that this not going to pass for sure, and to work within the framework of what exists today. While the bill is finally out of Committee, it has a long way to go to pass in the Senate, and I don't see where the vote is even scheduled yet. If you have the luxury of some time, I would wait to see if its going to clear the Senate, and if the retroactivity will or won't be removed.

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Answered on 3/23/09, 2:16 pm


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