Bankruptcy Blog from Los Angeles Attorney » Legislation http://bklaw.com/bankruptcy-blog Los Angeles Bankruptcy Blog: Current issues, comments, questions and answers in bankruptcy law. Tue, 03 Aug 2010 04:11:04 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Congress Votes Against Bankruptcy Modification http://bklaw.com/bankruptcy-blog/2009/12/congress-votes-against-bankruptcy-modification/ http://bklaw.com/bankruptcy-blog/2009/12/congress-votes-against-bankruptcy-modification/#comments Sat, 12 Dec 2009 02:37:58 +0000 Mark Markus http://bklaw.com/bankruptcy-blog/?p=152 Today the U.S. House of Representatives voted against legislation that would have allowed homeowners to modify their loans on a principal residence in a bankruptcy case (Chapter 13).    This is at least the second time this amendment has come up for vote, and this time only 50 democrats voted in favor.   Thus, the bankruptcy law remains unchanged on this issue.  Loans against a principal residence cannot be modified in a bankruptcy case (except that in some circumstances–and only in some districts– a junior lien may be removed if and only if the value of the property is less than the amount owed to the 1st mortgage).

If you want to know how your Member of Congress voted today, go to http://clerk.house.gov/evs/2009/roll963.xml.  If you want to compare your Representative’s vote today with that on H.R. 1106, go to http://clerk.house.gov/evs/2009/roll104.xml to see their earlier vote.  Of course, there were a number of variables associated with today’s vote that were not a factor in the earlier vote, particularly given that Members also were being asked to vote against the banks by supporting the creation of a Consumer Financial Protection Agency (CFPA).

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