October 6th, 2015
Chapter 13 bankruptcy is a powerful debt relief remedy. It allows consumers to enter into a court protected debt reorganization of your debts over a period of time (normally, 36-60 months total).
Chapter 13 debt reorganization plans can, for example, force the mortgage company to accept past-due mortgage payments. This is extremely helpful for consumers who have fallen behind on their home mortgage, but now have the means to get caught up, if given more favorable terms than the mortgage company can offer. This is true even if the mortgage company has already filed a foreclosure action against the homeowner.
August 31st, 2015
One of the important steps in filing a Chapter 7 bankruptcy is to provide your attorney with all the information you can find about the debts that you owe. Normally this is done by giving your attorney all of the bills in your mailbox. Whether an original creditor, a debt collector or a collections attorney, your attorney needs all the names, addresses, account numbers and balances that you can find.
August 19th, 2015
One of the most frequent questions I have been asked in my 15 years (so far) of representing consumers as a bankruptcy attorney is some variation of the below:
• Will I never be able to get credit again?
• Will bankruptcy filing trash my credit permanently?
• Won’t I be better off signing up with a debt management service, rather than filing for bankruptcy protection?
• But my parents told me that only crooks file for bankruptcy….
July 16th, 2015
Consumers who are overwhelmed with debt have two options in Bankruptcy Court. The most popular option by far is Chapter 7, where the consumer’s debts are eliminated without a repayment plan. But Chapter 13 is also a powerful tool for adjusting your debts over a three-to-five year time frame. Which one is right for you?
July 4th, 2015
Chapter 7 Bankruptcy is a powerful tool which can eliminate consumer debt, stop debt collection lawsuits in their tracks and allow debt-strapped consumers to open their mail and answer their phones again.
June 18th, 2015
One of the most persistent questions which arises in a Chapter 7 bankruptcy is what to with secured creditors whose debts are secured by the debtor’s property. In such cases, the secured creditor is likely to pressure the Chapter 7 debtor into signing a “reaffirmation agreement.”
June 3rd, 2015
In my most recent blog post, I wrote about Bank of America, N.A. v. Caulkett (575 U.S. _____) (2015)
May 20th, 2015
It is about time the honest but unfortunate homeowner gets a break in Washington, D.C.
May 4th, 2015
The Supreme Court unanimously decided today that denial of confirmation is not a final, appealable, order. Bullard v. Blue Hills Bank, 575 U.S. ___, No. 14-116 (U.S. May 4, 2015).
April 29th, 2015
When a consumer collections lawsuit is filed by a junk debt buyer, there are two proper courts where the lawsuit can be filed – either 1) a court where the consumer signed the original note which the lawsuit was based upon, or 2) a court where the consumer resides at the time lawsuit was filed. The federal Fair Debt Collection Practices Act ( or “FDCPA” for short) gives consumers powerful rights if the collections lawsuit is filed in some other court, including the right to recover up to $1,000 in statutory damages.