Foreclosure Case Serves as Example for Indianapolis Bankruptcy Lawyer Working to Help Stop …
Earlier this week, I’ve been writing in Bankruptcy in Indiana about the history of bankruptcy and the way modern bankruptcy law is aimed at helping both debtors and creditors. Along with the Anderson, Bloomington, Indianapolis, and Columbus bankruptcy lawyers who work in the four Zuckerberg bankruptcy law offices, I represent the interest of debtors. All of us appreciate, though, the way in which bankruptcy law is set up to be fair to our clients’ creditors as well as to those clients themselves.
A rather unusual story out of Scottsdale, Arizona caught my eye. As a debt consolidation lawyer offering bankruptcy services in Indiana, I try as hard as I can to help stop foreclosure. One of the most effective tools available to all the good bankruptcy attorneys in Indiana in our fight against foreclosure is Chapter 13 bankruptcy law in Indiana.
I think you’ll understand why this particular “foreclosure crisis” story is so unusual, even for an experienced Indianapolis lawyer for bankruptcy:
- A 67-year old woman (whom I’ll call A.), who lives with her 45-year old daughter in Scottsdale, had installed an outdoor security light in her yard, keeping it on all night. Problem is, the light poured into her neighbors’ windows, keeping them up at night.
- Neighbors complained to the homeowners’ association, and the association asked A. to please turn off the light. She refused, so in keeping with the bylaws, the association levied fines against A., which she refused to pay.
- The Association then filed suit against A for foreclosure, claiming she now owes more than $80,000 in combined fees and legal costs.
After helping more than 30,000 people file personal bankruptcy in Indiana and/or small business bankruptcy in Indiana, I’ve never run across a situation like this one!
Usually, as one of my Columbus bankruptcy lawyer colleagues point out, we see subprime loans being involved in mortgage foreclosures, perhaps an adjustable rate mortgage that has reset at a high rate, making it difficult for homeowners who’ve lost jobs or had medical problems to keep up with the payments. Usually, the big bills we’re talking about when we’re trying to help stop foreclosure represent credit card debt or overdue medical bills. This Arizona case is not usual.
What is usual about it, though, is that it is an example of a looming foreclosure caused by a lawsuit.
In advising clients under the new bankruptcy laws of Indiana, at least until now - it’s not been a simple matter of turning off a light!
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