Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home or other real estate from being foreclosed upon by their mortgage servicer. We help those debtors file and comply with chapter 13 plans that propose to resolve their defaulted mortgages in a variety of ways, which might include curing pre-petition arrears or even modifying the terms of the loan. Other debtors may be current on their mortgage payments at the time of their bankruptcy filing, so they simply propose to maintain ongoing payments on their loan during the . . .

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Stephen F. Relyea

Boleman Law (Richmond, VA)

Stephen F. Relyea is a shareholder with the Boleman Law Firm, P.C., Virginia’s largest consumer bankruptcy practice. His practice focuses on consumer bankruptcy law and consumer protection litigation, with a particular emphasis on credit reporting inaccuracies and mortgage servicing issues. Steve has presented and authored articles on a variety of consumer protection and bankruptcy topics. He is a member of the National Association of Consumer Advocates, the Richmond Bar Association, and the Henrico County Bar Association. Steve received his J.D. from the Wake Forest University School of Law in North Carolina, and his B.A. from George Mason University in Virginia.

Omission and § 532(a)(2)(B)

M. Jonathan Hayes

September 21, 2025

Can an omission be a “statement of financial condition” sufficient to establish non-dischargeability under § 523(a)(2)(B)? Yes, says Judge Dennis Montali

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Escrow 101 – Part 1 of 3

August 29, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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Supreme Court Corner – No Lien Stripping in Chapter 7

M. Jonathan Hayes

March 1, 2026

Attorney Hayes is back again this week to discuss when a chapter 7 debtor can strip down or strip off a consensual lien?

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Reprimand for Deficient Chapter 13 Filing

Rebecca Herr

January 18, 2026

The U.S. Bankruptcy Court for the Eastern District of Virginia issued a public reprimand to a debtor’s attorney after concluding that his representation failed to meet the minimum competency standards required in Chapter 13 practice.

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SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 7 of 8

The Honorable John P. Gustafson

January 4, 2026

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Ritzen Group; Taggart; Midland Funding v. Johnson; Czyzewski v. Jevic Holding; and Husky v. Ritz

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In re King, 460 B.R. 708 (N.D. Tex. Sept. 23, 2011)

March 22, 2026

Chapter 13 plan did not discriminate unfairly against unsecured creditors that were not student loan creditors even though, under the plan, debtors were to pay student loan debt directly because all of debtors’ projected disposable income was devoted to unsecured creditors pool, allowing non-student-loan creditors, to which entire UCP would be devoted, to receive pro rata share equal to or...

Is This Corporation Really Separate from Its Owners: A Checklist

Cathy Moran

June 1, 2025

This article from Moran in 2023 is a perfect prelude to the Academy’s next free webinar . . . REGISTER NOW: Primer on Options for Distressed Businesses

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Critical Case Comment – Gotta’ Be Purchase Money to Get the Deduction

Henry E. Hildebrand, III

October 15, 2023

A little bit for everyone in this case . . .In calculating above-median income debtor’s projected disposable income, Chapter 13 debtor may not deduct the “ownership allowance” for transportation expenses if the secured debt in question is secured by a nonpurchase money security interest in a motor vehicle.

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Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

August 25, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...

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Employers Who Provide Leave Might Qualify to Claim Valuable Credit

August 25, 2019

Employers who provide paid family and medical leave to their employees might qualify for a credit that can reduce the taxes they owe. It’s called the employer credit for family and medical leave. Here are some facts about the credit to help employers find out if they might be able to claim it. To be eligible, an employer must: Have...

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

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Stephen F. Relyea

Boleman Law (Richmond, VA)

Related Articles

Omission and § 532(a)(2)(B)

Escrow 101 – Part 1 of 3

Supreme Court Corner – No Lien Stripping in Chapter 7

Reprimand for Deficient Chapter 13 Filing

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 7 of 8

In re King, 460 B.R. 708 (N.D. Tex. Sept. 23, 2011)

Is This Corporation Really Separate from Its Owners: A Checklist

Critical Case Comment – Gotta’ Be Purchase Money to Get the Deduction

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

Employers Who Provide Leave Might Qualify to Claim Valuable Credit

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