Archive for August, 2010

Mercedes Rule

A rather interesting decision has come out of the Bankruptcy Court for the Northern District of Texas at Dallas.  The decision is only 4 pages, but in addition to quoting Janis Joplin, it speaks to something that debtors need to hear, that people thinking about bankruptcy need to hear, and that attorneys practicing in bankruptcy court sometimes need to be reminded of.

While the decision follows this blog, I’ve filled in the lines a bit by looking at the public records and bringing in some additional facts.

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20/5 Redux: Things I Won’t Do

In July 2009, I blogged about “Things I Won’t Do” which includes taking what I know will be someone’s last buck to file a bankruptcy case that I know will fail… and there seems to be this level of agnst that I cannot help them.  I’ve received a few calls lately from folks who have not read it.  So I’m posting it again with the reminder that I’m in the business of helping people move forward in their lives. 

Or as I said recently to someone, “I’m a bankruptcy lawyer.  I cannot turn water into wine.”

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20/5 Redux: Thoughts on When to “Walk Away”

This was first posted in March 2008.  More than two years later, the housing market is still in the pits, and more folks are opting to simply walk away from real estate they can no longer afford.  Little has changed.  And I dare say, it’s getting worse (although those seeking relection this year might want to disagree).  If you own a condo or are in a homeowners association, the 2005 changes to the Bankruptcy Code force you to take some new issues into consideration.

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20/5 Redux: A Table Saw Crosses the Road

I wrote this in May 2007. It’s funny how some things still hold true.

A Table Saw Crosses the Road

 

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Yet Another Reason to Avoid the Rip-Off of Debt Settlement

I was recently retained by a client who – like many people struggling nowadays – tried to tackle their mounting financial problems by going to a debt settlement company.  I’ve said it once, and I’ll say it again: debt settlement companies are a rip-off.  The proof is in how empty my client’s wallet is now, and where my client is now.

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Staying Out of the Valley of Disappointment

Some Massachusetts homeowners have this peculiar belief that a homestead declaration is the legal equivalent of a real Chinese fire wall (i.e., with flames).  That it keeps creditors at bay, allowing you to live in bliss in your home until you die or get sick of it and want to move on to a greener patch of grass.  That’s not entirely the case.  Not all debts are covered and not all creditors can be kept at bay.  If you’re up to your eyeballs in debt, relying on the Homestead Declaration and only on the Homestead Declaration to keep your home from creditors will lead you to an unhappy and mythical place I call the Valley of Disappointment.

I came up with the Valley of Disappointment because I thought it seemed like a humourous metaphor  But then, just to be safe, I did a websearch and just want to caution my readers not to confuse my mythical and metaphorical Valley of Disappointment, with Disappointment Valley which is: (1) a real valley located in Colorado; as well as (2) a documentary which according to IMDb  “examines the plight of America’s wild horses and the rapidly deteriorating condition of our wild Public Lands.” Any similarity between my imaginary Valley and the real thing or the movie is totally unintentional and accidental…and kind of scary.

I envision the Valley of Disappointment as a place where none of the stores are open when you need them to be, and those that are all have the products you don’t want at prices you can afford, and products you need at prices that shock the conscience.  I envision it as a place where the traffic lights stay green for only three seconds before they jump to red, where they stay for 3 minutes.  It’s a place where things just don’t go your way, and you feel pretty powerless to do anything about it.  It’s generally always cloudy or rainy. The street signs are all confusing, and it can be tough to navigate your way through it or out of it.  Sometimes you just don’t know how you got there.  Other times you do, and that knowledge can sometimes make it all worse.  But enough about what I envision about the Valley of Disappoitment… I was talking about Homestead rights:

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Debt: The Prices You Pay

Some espouse the belief that if you’re up to your eyeballs in debt, it’s better to eat beans and rice for weeks, months and years until the debt is paid.  I won’t mention names.  This isn’t about them.  While it’s pretty indefensible to live a lifestyle you cannot afford at the expense of creditors, it’s even worse to lead a lifestyle that can be downright counterproductive and harmful when you’re trying to pay your creditors.  There’s being “super frugal” and then there is being “stupid frugal.” So today, I want to cover a few things I’ve noticed people doing while they are trying to pay down their debt.  I sharing my observations, but I think it’s good if you consider it food for thought.

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