Archive for the ‘Bankruptcy’ Category
Wednesday, March 10th, 2010
As I mentioned earlier this week, the US Supreme Court issued a ruling upholding the BAPCPA requirement that attorneys be considered “debt relief agencies.”
So we’re clear: I did not go to debt relief agency school. I went to law school. I’m not a member of the Boston Bar Association Debt Relief Agency Steering Committee; it’s the Bankruptcy Steering Committee. I’m not a member and author for the American Debt Relief Institute; it’s the American Bankruptcy Institute. I’m not a debt relief agent. I’m an attorney.
Now that I’ve cleared the air on that, let me share with you some of my concerns with this decision and its implications.
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Tags: Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, bap, Craigslist, debt relief, Debt Relief Agencies, Exemptions, Supreme Court, Unexempt assets
Posted in Bankruptcy | No Comments »
Monday, March 8th, 2010
Have you see advertisements for bankruptcy attorneys and seen this phrase?
Has a bankruptcy attorney ever said to you “sorry, we cannot advise you to incur debt because you’re seeking bankruptcy protection”?
Ever wonder why? Well, wonder no more. This morning, the Supreme Court of the United States issued its decision in the case of Milvatez, Gallop & Milavetz, P.A., et al. v. United States. The high court has held that (1) attorneys who give bankruptcy assistance (as defined in the Bankruptcy Code) are debt relief agencies; (2) attorneys cannot advise clients to incur debt because they are filing bankruptcy. The decision is 35 pages, and I’ll be reading through it this week.
Read the decision here.
Tags: Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, BAPCPA, Supreme Court
Posted in Bankruptcy | 1 Comment »
Thursday, March 4th, 2010
This first appeared on May 27, 2008. Unfortunately even today, there are people looking to scam those who can least afford it. If you’re facing foreclosure or know someone who is, this is an important read.
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Tags: Consumer Scams
Posted in Bankruptcy, Consumer Rights, Foreclosures and Real Estate | No Comments »
Monday, March 1st, 2010
I first posted this on February 18, 2008 – more than two years ago… before the election. As I was reading through it, it occurred to me… I wasn’t far off base. Some of the links no longer lead to the page intended, but it’s worth a second look – and perhaps a second thought.
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Tags: Economy, Inflation
Posted in Bankruptcy, Foreclosures and Real Estate | No Comments »
Thursday, February 25th, 2010
Today, we have something a different… our first guest blogger: a former client who shares her perspectives on her journey into, through and out of bankruptcy.
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Tags: Credit and Debt, debt, Debt Settlement or Consolidation
Posted in Bankruptcy | 2 Comments »
Wednesday, February 24th, 2010
As you can see, in the title I use the “F” word. Now, I want to point out that by using the “F” word, I’m not saying that you – as a parent deep in debt – are a failure. Yet talking to your kids might raise some concerns that you have about how they might perceive you – and the choices you have made. And that’s the tough road I’m going to talk about today. (more…)
Tags: Talking to your kids
Posted in Bankruptcy, Foreclosures and Real Estate | No Comments »
Tuesday, February 23rd, 2010
That’s a heck of a title, eh? It does however, encapsulate the theme of today’s thoughts on talking to kids about the debt the family finds itself in. Just because you’re not talking about the debt issues you as a parent are struggling with does not mean that the kids don’t know – or sense something is terribly wrong. (more…)
Tags: Talking to your kids
Posted in Bankruptcy, Foreclosures and Real Estate | No Comments »
Monday, February 22nd, 2010
Recently, when I was talking to a client she expressed her concerns about her kids finding out how bad the household finances are. It’s not the first time I’ve heard clients express those concerns to me. And when parents are facing some real tough decisions, there are no easy answers I can provide. Yet when it comes to having to talk to kids about the debt problems that affect the household, isn’t it important to talk to them? In this series, I’ll be sharing much of my own observations in speaking with clients, in speaking with colleagues, and in some cases, in speaking with and learning from kids. (more…)
Tags: Talking to your kids
Posted in Bankruptcy, Foreclosures and Real Estate | No Comments »
Thursday, February 18th, 2010
As I was watching the news the other night, I saw this commercial for CareOne Credit. The name rang in my head – and then it hit me: I had recently read about them in a case while doing some research Since the judge’s observations in that case and his comments were stuck in my head – and since I am seeing these commercials more and more - I thought I would share them here.
The Case
In late 2006, Debra Wood was struggling with debt – and after apparently seeing an ad, she contacted CareOne Credit Counseling. When she contacted CareOne, she was referred to Consumer Law Associates, LLC (CLA). CLA then gave her documents to start her into a debt management plan – which would be administered by Ruther and Associates, LLC (RA). They describe themselves as a “national law firm dedicated to consumer debt reduction.” As the facts of this case unfold, you’ll see what that description is inaccurate – at best.
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Tags: attorneys, CareOne, Consumer Law Associates, Consumer Protection, Credit and Debt, Debt Settlement or Consolidation, Discharge of Debts, LLC, Petition Preparers and Fees, Ruther and Associates
Posted in Bankruptcy, Chapter 7, Debt Settlement or Consolidation | 10 Comments »
Thursday, February 11th, 2010
Lately, I’ve been hearing a lot – and I mean a lot – about the stress that finances (and the lack thereof) is taking on families. I’m hearing about spouses sleeping on couches or in basements. I’m hearing from couples that are fighting and contemplating divorce. And I’m hearing from people who have gone through a divorce because of the household finances and they are trying to find a way to move on.
Today, this blog is for all of those families who find that joy and laughter have been replaced with debt and strife. (more…)
Tags: Bankruptcy
Posted in Bankruptcy, Chapter 11, Chapter 13, Chapter 7 | No Comments »
