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	<title>Comments on: Bankruptcy Courts May Be Allowed To Consider MALPRACTICE</title>
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	<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/</link>
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		<title>By: AZSALUKI</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15428</link>
		<dc:creator>AZSALUKI</dc:creator>
		<pubDate>Tue, 27 Jan 2009 14:07:48 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15428</guid>
		<description>i agree with surak.....unless this could somehow lead to a judge writing down my Cap One card by 80%....in which case I&#039;m ALL for the plan!!!</description>
		<content:encoded><![CDATA[<p>i agree with surak&#8230;..unless this could somehow lead to a judge writing down my Cap One card by 80%&#8230;.in which case I&#8217;m ALL for the plan!!!</p>
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		<title>By: surak</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15427</link>
		<dc:creator>surak</dc:creator>
		<pubDate>Tue, 27 Jan 2009 03:57:45 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15427</guid>
		<description>If this passes, this will back fire.  You will see a lot of lawsuits for the people paying a mortgage on their house for a value of 375K when the same house next door is only paying a mortgage for only 90K.  Either drop everybody&#039;s mortgage down to 90K or forclose on the person who cannot afford the mortgage.
Should somebody who secured a loan on a 100,000 dollar car, get it reduced to a 20,000 loan because now they cannot afford it?    Should somebody who secured a loan on a 20,000 dollar car get it reduced to 5,000? Where does this end.

Igor is right again this is loony.</description>
		<content:encoded><![CDATA[<p>If this passes, this will back fire.  You will see a lot of lawsuits for the people paying a mortgage on their house for a value of 375K when the same house next door is only paying a mortgage for only 90K.  Either drop everybody&#8217;s mortgage down to 90K or forclose on the person who cannot afford the mortgage.<br />
Should somebody who secured a loan on a 100,000 dollar car, get it reduced to a 20,000 loan because now they cannot afford it?    Should somebody who secured a loan on a 20,000 dollar car get it reduced to 5,000? Where does this end.</p>
<p>Igor is right again this is loony.</p>
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		<title>By: Linenoise</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15426</link>
		<dc:creator>Linenoise</dc:creator>
		<pubDate>Mon, 26 Jan 2009 17:18:16 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15426</guid>
		<description>twist -

I dunno..

1) it doesnt use taxpayer money
2) only a tiny percentage of people facing foreclosure are affected
3) it lets the people in charge feel like they&#039;re accomplishing something, which prevents them from attempting other things

Since no one in charge will do the &quot;right&quot; thing and let prices go down to where they should (as if they can stop it anyway), maybe we count this as the closest thing to a win as we can get?</description>
		<content:encoded><![CDATA[<p>twist -</p>
<p>I dunno..</p>
<p>1) it doesnt use taxpayer money<br />
2) only a tiny percentage of people facing foreclosure are affected<br />
3) it lets the people in charge feel like they&#8217;re accomplishing something, which prevents them from attempting other things</p>
<p>Since no one in charge will do the &#8220;right&#8221; thing and let prices go down to where they should (as if they can stop it anyway), maybe we count this as the closest thing to a win as we can get?</p>
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		<title>By: twist</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15425</link>
		<dc:creator>twist</dc:creator>
		<pubDate>Mon, 26 Jan 2009 16:54:55 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15425</guid>
		<description>Dpereira-

&lt;em&gt;&lt;blockquote&gt;Fact is, bankruptcy courts are very well equipped to deal with cram downs, values and making sure that consumers can afford the payments on the modified loans.&lt;/blockquote&gt;&lt;/em&gt;

I don&#039;t disagree with you on that point, and you&#039;ll note that I concede that this may benefit individual borrowers. My issue is that what&#039;s good for the goose may not be good for the flock. [&lt;em&gt;Yeah, I just made that one up.&lt;/em&gt;]

It&#039;s tough enough for experienced appraisers to evaluate home values these days- I really doubt judges will do better.  Here&#039;s one of my concerns. Let&#039;s suppose a realtor bought a house with a $500K mortgage back when the market was flying high. Now that the market is down, the realtor can only afford a $90K mortgage, but comparable homes in the neighborhood are now worth $375K.  Should a judge really be allowed to drop the mortgage down to $90K to keep this guy in his house? Then there&#039;s the question of how doing this benefits the greater market. What possible benefit could this be to anyone other than this particular borrower?

Again, I haven&#039;t seen hard numbers, but when I made a cursory search of a couple of sources, it looks like only a small percentage of people facing foreclosure are declaring bankruptcy.  Even if this legislation passes, it will do virtually nothing to &quot;save&quot; the housing market, and like other bailouts being considered, will do more harm than good.</description>
		<content:encoded><![CDATA[<p>Dpereira-</p>
<p><em><br />
<blockquote>Fact is, bankruptcy courts are very well equipped to deal with cram downs, values and making sure that consumers can afford the payments on the modified loans.</p></blockquote>
<p></em></p>
<p>I don&#8217;t disagree with you on that point, and you&#8217;ll note that I concede that this may benefit individual borrowers. My issue is that what&#8217;s good for the goose may not be good for the flock. [<em>Yeah, I just made that one up.</em>]</p>
<p>It&#8217;s tough enough for experienced appraisers to evaluate home values these days- I really doubt judges will do better.  Here&#8217;s one of my concerns. Let&#8217;s suppose a realtor bought a house with a $500K mortgage back when the market was flying high. Now that the market is down, the realtor can only afford a $90K mortgage, but comparable homes in the neighborhood are now worth $375K.  Should a judge really be allowed to drop the mortgage down to $90K to keep this guy in his house? Then there&#8217;s the question of how doing this benefits the greater market. What possible benefit could this be to anyone other than this particular borrower?</p>
<p>Again, I haven&#8217;t seen hard numbers, but when I made a cursory search of a couple of sources, it looks like only a small percentage of people facing foreclosure are declaring bankruptcy.  Even if this legislation passes, it will do virtually nothing to &#8220;save&#8221; the housing market, and like other bailouts being considered, will do more harm than good.</p>
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		<title>By: dpereira</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15424</link>
		<dc:creator>dpereira</dc:creator>
		<pubDate>Mon, 26 Jan 2009 14:59:06 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15424</guid>
		<description>I have the dissenting opinion here.  The issue of cramdowns has been used for years in bankruptcy it was removed by great pressure by the banks in the Bankruptcy Reform Act of 2005.... hmmmm... about the same time they lowered the lending standards and drops tons of toxic loans in the economy.

Fact is, bankruptcy courts are very well equipped to deal with cram downs, values and making sure that consumers can afford the payments on the modified loans.  If they can&#039;t afford it, their plan cannot be confirmed.  I suggest you look deep into the requirements of filing a Chapter 13 case today and you will see that their is more fiction than fact in your piece.</description>
		<content:encoded><![CDATA[<p>I have the dissenting opinion here.  The issue of cramdowns has been used for years in bankruptcy it was removed by great pressure by the banks in the Bankruptcy Reform Act of 2005&#8230;. hmmmm&#8230; about the same time they lowered the lending standards and drops tons of toxic loans in the economy.</p>
<p>Fact is, bankruptcy courts are very well equipped to deal with cram downs, values and making sure that consumers can afford the payments on the modified loans.  If they can&#8217;t afford it, their plan cannot be confirmed.  I suggest you look deep into the requirements of filing a Chapter 13 case today and you will see that their is more fiction than fact in your piece.</p>
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		<title>By: freemonster</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15423</link>
		<dc:creator>freemonster</dc:creator>
		<pubDate>Mon, 26 Jan 2009 13:36:45 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15423</guid>
		<description>There doesn&#039;t seem to be one person in the government that has any idea how to fix this. I was talking with a co-worker the other day and we came up with a PLAN. Our arithmetic wasn&#039;t thought through that much but what we came up with was: Take all the intervention money, total it, and divide by all taxpaying households. Our number came to $43,000. Issue checks to all and watch our economy soar. The only thing missing from our conversation was drugs and alcohol. But it sounded just as sober as this silliness. Igor thinks I&#039;m clueless.</description>
		<content:encoded><![CDATA[<p>There doesn&#8217;t seem to be one person in the government that has any idea how to fix this. I was talking with a co-worker the other day and we came up with a PLAN. Our arithmetic wasn&#8217;t thought through that much but what we came up with was: Take all the intervention money, total it, and divide by all taxpaying households. Our number came to $43,000. Issue checks to all and watch our economy soar. The only thing missing from our conversation was drugs and alcohol. But it sounded just as sober as this silliness. Igor thinks I&#8217;m clueless.</p>
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		<title>By: twist</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15422</link>
		<dc:creator>twist</dc:creator>
		<pubDate>Mon, 26 Jan 2009 13:05:32 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15422</guid>
		<description>Metro-

That bothers me as well.

The government seems determined to make sure that we have a way of borrowing money to keep the economy going.  To do that we need collateral and high home values.  We need the banks to not unwind their leverage. This is simply not sustainable.

In a world where housing is inexpensive, Americans can rediscover &lt;b&gt;disposable income.&lt;/b&gt; We can save to buy things and run off of cash flow rather than our HELOCs.  Granted we won&#039;t be spending at the rate we did in the heady days of the housing insanity, but it&#039;s a more sustainable business model.

I agree with Peter Schiff- let the home prices fall.  It&#039;s a painful, but necessary, step to recovery.</description>
		<content:encoded><![CDATA[<p>Metro-</p>
<p>That bothers me as well.</p>
<p>The government seems determined to make sure that we have a way of borrowing money to keep the economy going.  To do that we need collateral and high home values.  We need the banks to not unwind their leverage. This is simply not sustainable.</p>
<p>In a world where housing is inexpensive, Americans can rediscover <b>disposable income.</b> We can save to buy things and run off of cash flow rather than our HELOCs.  Granted we won&#8217;t be spending at the rate we did in the heady days of the housing insanity, but it&#8217;s a more sustainable business model.</p>
<p>I agree with Peter Schiff- let the home prices fall.  It&#8217;s a painful, but necessary, step to recovery.</p>
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		<title>By: metroplexual</title>
		<link>http://housingdoom.com/2009/01/26/bankruptcy-courts-may-be-allowed-to-malpractice/#comment-15421</link>
		<dc:creator>metroplexual</dc:creator>
		<pubDate>Mon, 26 Jan 2009 09:51:18 +0000</pubDate>
		<guid isPermaLink="false">http://housingdoom.com/?p=1990#comment-15421</guid>
		<description>Twist,

The main thing that bothers me about the rhetoric I hear is this spiel about how we must maintain house prices.  The fundamentals do not support that.</description>
		<content:encoded><![CDATA[<p>Twist,</p>
<p>The main thing that bothers me about the rhetoric I hear is this spiel about how we must maintain house prices.  The fundamentals do not support that.</p>
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