Sunday, August 3, 2008

New changes to Bankruptcy as of Aug 1

Effective for applications dated on or after August 1, 2008: 

2-years elapsed time after discharge of bankruptcy and re-established credit since discharge of bankruptcy. 

4-years elapsed time after dismissal of bankruptcy and re-established credit since dismissal of bankruptcy. 

Extenuating circumstances: 2-years elapsed time after dismissal of bankruptcy and re-established credit after dismissal if resulted from extenuating circumstances . 

Borrowers with more than one bankruptcy in the past 7 years 

5-years elapsed time after most recent dismissal or discharge of bankruptcy and re-established credit since most recent dismissal or discharge of bankruptcy. 

Extenuating circumstances: 3-years elapsed time after most recent discharge or dismissal of bankruptcy and re-established credit after most recent discharge or dismissal if resulted from extenuating circumstances . 

Note: Most recent bankruptcy must have been the result of extenuating circumstances. 

If AUS is utilized, refer to findings and loan product description for seasoning requirements. 

FHA: 

At least 12 months satisfactory plan payments and court approval obtained. 

VA: 

Satisfactory completion of plan payments and borrower has re-established credit, OR 

At least 12 months of payment plan must have been made and trustee/bankruptcy judge approval obtained.


I know there are many things we have to watch in order to make life the best that we can.  We need to watch out for the unexpected that come along.

1 comment:

muthu said...

The banks still win under( BAPCPA )even if the dividends in bankruptcy are unchanged, and even if the filing rate creeps back to old levels. As Ronald Mann has pointed out, and as mentioned in this blog, banks and others have the most to gain from (BAPCPA) by causing debtors to delay their bankruptcy at a point when they are at their highest point of delinquency, and fees and interest are at their highest point. That is where they reap their real benefit -- not necessarily from the dividend paid in a bankruptcy proceeding.
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Muthu

http://www.shepelskylaw.com