Archive for the ‘Bankruptcy’ Category
Tuesday, August 31st, 2010
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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Tags: Automatic Stay, Automobiles, Chapter 13, Cure and Maintain Agreements
Posted in Bankruptcy, Chapter 13 | No Comments »
Monday, August 30th, 2010
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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Tags: bankruptcy attorney, Boston bankruptcy attorney, foreclosures, Massachusetts Bankruptcy Attorney, Plan B
Posted in Bankruptcy, Chapter 13 | 1 Comment »
Thursday, August 26th, 2010
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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Tags: BAPCPA, Discharge of Debts, Homes, homesteads and real estate, Mortgages and Foreclosures, Walking Away
Posted in Bankruptcy, Chapter 11, Chapter 13, Chapter 7, Foreclosures and Real Estate | No Comments »
Tuesday, August 24th, 2010
I wrote this in May 2007. It’s funny how some things still hold true.
A Table Saw Crosses the Road
Tags: bankruptcy attorney, bankruptcy lawyer, The 20-5 Series
Posted in Bankruptcy | No Comments »
Thursday, August 19th, 2010
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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Tags: attorneys, Chapter 13, Chapter 7, credit, Credit and Debt, credit card, Debt Settlement or Consolidation, discharge, Discharge of Debts, Petition Preparers and Fees, Pre Bankruptcy Planning and Strategy, Rip Offs
Posted in Bankruptcy, Chapter 13, Chapter 7, Debt Settlement or Consolidation | 2 Comments »
Tuesday, August 17th, 2010
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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Tags: Discharge of Debts, Homes, homesteads and real estate, Lien Stripping, modification, Modifications and Workouts, Pre Bankruptcy Planning and Strategy, taxes, Valley of Disappointment
Posted in Bankruptcy, Chapter 13, Consumer Rights, Foreclosures and Real Estate | No Comments »
Wednesday, August 4th, 2010
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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Tags: Bankruptcy, Chapter 13, Chapter 7, Credit and Debt, Debt Settlement or Consolidation, Discharge of Debts, Yep. We're in trouble.
Posted in Bankruptcy, Chapter 13, Chapter 7, Debt Settlement or Consolidation | 2 Comments »
Thursday, July 29th, 2010
I’ve been blogging here for almost five years. I’ve been trying to find a fitting way to mark that anniversary. But 2010 is not only the 5 year anniversary of this blog – and of my venture into on-line writing, education, regurgitating and at times postulating. It’s also the 20 year anniversary of my becoming an attorney. And since blogging is a form of “social media”, it got me thinking…
The whole “social media” thing that people talk, consult and some even obsess about: The Twittering. The Facebooking. The Blogging. Isn’t it really just another way of being “out there” and “being seen?” Yes – it is. “Being seen” has really has evolved since I started blogging.
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Tags: The 20-5 Series
Posted in Bankruptcy | No Comments »
Tuesday, July 27th, 2010
Even though I have written and spoken publicly about the perils of representing oneself in bankruptcy, people still do it. I recently came across a case where a lawyer – with a boatload of legal problems – was sanctioned for essentially abandoning his clients during a bankruptcy case. But I’m not writing about that lawyer or what he did that got him into so much hot water with the Bankruptcy Court. Rather, what I write about today is what District of Massachusetts Bankruptcy Judge Melvin Hoffman had to say about the bankruptcy process, and the role of a debtor’s attorney. So if you’re still thinking you can or should go through the bankruptcy process alone, take a few minutes and read this.
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Tags: attorneys, Petition Preparers and Fees, pro se
Posted in Bankruptcy, Chapter 11, Chapter 13, Chapter 7 | 1 Comment »
Rocking On & Moving On: My Take
I’ve been listening to The Moth for several months and recently listened to an episode that I thought my readers could identify with, so I shared it. And as promised, I am sharing my thoughts.
When one is facing bankruptcy – for whatever reason – it’s like facing a financial black hole. It’s dark. It can feel cold and creepy. You feel like it’s sucking you in and you’re not sure what’s going to end up eating you on the other side. And those feelings end up leaving many folks completely and utterly paralyzed with fear. Perhaps paralyzed is not a good word. Perhaps wallowing with fear is a better description.
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Tags: Bankruptcy, Bankruptcy Estate, Commentary
Posted in Bankruptcy | No Comments »