Legal Question in Bankruptcy in Nevada
bankruptcy law
We're about to start interviewing lawyers for a CH7. Do the federal judges have the power to cramdown mortgages yet and, if so, under what circumstances?
2 Answers from Attorneys
Re: bankruptcy law
Cramdowns are for cars not mortgages. Barney Frank's bill will probably not get past the Republicans.
Re: bankruptcy law
Cramdown has been rejected by the U.S. Senate. Senators have defeated an amendment offered by Senator Dick Durbin (D-IL) to the Helping Families Save Their Homes Act (S. 896) by a vote of 45 to 51. It was subject to a 60-vote threshold.
This is the so-called �cramdown� amendment which would allow bankruptcy judges to modify mortgage terms for struggling homeowners. Per C-SPAN, the modification option would be made available to those mortgage loans under $729,000.
Nevada law may soon require mediation in advance of non-judicial foreclosures in certain circumstances.
http://www.nevadaappeal.com/article/20090506/NEWS/905069949/1087/NONE&parentprofile=1058
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