Archive for April, 2010

When the Nest is not Empty: Some Food for Thought for Parents Struggling with Debt

Over the last several months, I’ve have met a number of parents seeking advice about bankruptcy.  While every family has its own unique set of circumstances, all of these people I’m referring to are homeowners, and all have been struggling making mortgage payments.  All have adult kids living at home.   And let’s face it – if they are sitting across the table from me – a bankruptcy attorney – things aren’t going so well.

Some have kids who have graduated from high school, college or graduate school, and they are still living at home.  Some are working, some are not.  Some kids are working, while going to school part time.  Others cannot find employment or are under employed.

I will inevitably ask one question: “Is [the adult child who is working full time or even part time] contributing to the household income?”  If, the answer is “no”, there might be some bigger problems.

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E.D.Michigan Caps Petition Preparer Fees

I came across this interesting order issued on Tuesday, April 20th by the US Bankruptcy Court for the Eastern District of Michigan.  The Administrative Order caps the maximum allowable fee charged by a bankruptcy petition preparer in any case to just $100.

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It Was 5 Years Ago Today

Five years ago today – at approximately 2:42pm in the afternoon, I was using a elliptical machine at the gym. The news showed then President George W. Bush about to sign into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, or what we commonly refer to as BAPCPA or “the 2005 Act.”

He then gave these remarks (which I read on the closed captioning):

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Can Declaring Bankruptcy Improve Your Credit Score?

Clients will almost always ask me what the impact a bankruptcy filing will have on their credit score.  Usually, the question I am asked is “will I ever be able to get a loan again?”

In all my years of practicing bankruptcy law, the response has never changed.  It will depend on two things: that which the client can control, and that which the client has no control.

A client who has filed bankruptcy should use credit wisely after bankruptcy.  Got a car payment? Always be on time.  Got a mortgage payment? Never be late and always pay the amount in full.  Check your credit report at least twice per year and look for incorrect entries and take prompt action to see that they are corrected.  These are the things a client can control.  But that alone will not help a client get access to credit.

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When Bankruptcy Attorneys do a Wicked Bad Job

I’ve been doing a lot of research lately on attorney malpractice… specifically, bankruptcy attorney malpractice.  More and more attorneys are popping into bankruptcy practice because they think it’s the new growth area.  And sadly, some are doing a god-awful job at it – and in some cases, they are hurting debtors.  So in my research, I came across this case that came down last Friday out of the Northern District of California.

What caught my eye about it was the opening sentence: “[t]he schedules filed in this Chapter 7 case by [debtors’] attorney …contained horrific omissions, including a furniture store filled with furniture, a $13,000.00 bank account, a 2008 Mercedes automobile, and real property.”  [emphasis added].  As I read the decision, I learned that the term “horrific” was justified, and then I wondered to myself…’how many other lawyers are out there doing the exact same thing as this guy?’

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Some ‘Provocative’ Questions about ‘Extend and Pretend’

I read this today on HousingWire.  Its publisher, Paul Jackson, poses the following “provocative” question about all of those modification plans and programs we keep hearing about (and I often write about):

[W]hat if ‘extend and pretend’ within our nation’s troubled mortgage markets is actually providing a lift to consumer spending?

Or, perhaps it can be said like this: what if consumer confidence statistics are actually being artificially buoyed by the extra cash homeowners (at homeowners ‘on paper’) who are not making mortgage payments, but instead, allocating those resources to things they would not otherwise purchase? (more…)

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