Posts Tagged ‘Bankruptcy’
Tuesday, September 9th, 2008
So yesterday I received this letter from WaMu:
Dear William McLoud [sic]:
Our customer (my client) informed us of his/her intent to file (chapter 7) bankruptcy. We realize this decision was not an easy one. We would like to resolve this matter and offer an alternative that may minimize the negative impact that filing for bankruptcy can have on your client’s credit and employment opportunities.
As of today, the balance on the (credit card) account referenced above is [$2,500]. However, you may elect to settle the balance for 60%, or [$1,500], and your client will be under no further obligation. Simply alert us of your acceptance and remit the settlement payment.
If your client is unable to pay this amount in full, or if you have any further questions, please contact our Bankruptcy Department…
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Tags: Bankruptcy, Chapter 7, Credit and Debt, Debt Settlement or Consolidation, Washington Mutual
Posted in Bankruptcy, Chapter 7, Debt Settlement or Consolidation | No Comments »
Wednesday, September 3rd, 2008
I was motivated to blog after reading about a study out of the University of California, Davis that claims that overspending is what leads people into personal bankruptcy. Over-spending. Should we congratulate them for mastering the obvious? Don’t get me wrong, I know that people spend more than they can handle (this might actually come as a tremendous surprise to the folks at UC…but many businesses, and governments, such as the federal government of the United States, do the same thing). But the conclusion of this study is far from fair.
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Tags: Bankruptcy
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Friday, August 15th, 2008
It’s a question I have been asking myself of late. A Short Sale is when a lender (the mortgagee) agrees to release the mortgage from the property so that it may be sold to a buyer for less than when is owed on the mortgage. I am hearing that many people are exploring short sales as a means of “avoiding foreclosure.” But there are many variables that will make a short sale successful, and unless all of those variables are working in the homeowners favor, the short sale is not a good idea.
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Tags: Bankruptcy, Mortgages and Foreclosures, Short Sales
Posted in Bankruptcy, Consumer Rights, Debt Settlement or Consolidation | No Comments »
Thursday, August 14th, 2008
Every now and then, I get a call from someone who already has a bankruptcy case pending. Sometimes, they do not like how things are going with their attorney. Other times, they don’t have one at all and find that they are in over their head. And sometimes, by the time they are calling me, they find themselves in what can best be described as a world of hurt. Today, I received such a call.
The debtor’s chapter 13 case was filed almost two months ago. There is still no plan filed. No post-petition mortgage payments have been made. The debtor just got served with a summons and complaint because not all creditors were properly listed on the schedules (and I’m not sure the matrix was done right). The IRS has filed a notice that prepetition tax returns have not been filed. There are motions for relief from stay from secured creditors, and from the tone of them, they seem frustrated. No plan payments have been made, and the creditors meeting is soon. I am also assuming that no tax returns or payments advices have been sent over the chapter 13 trustee. In addition, by looking over the schedules, it appears that the debt is too high for chapter 13 eligibility. After I got all that from reviewing PACER, I decided to ask an easy question first:
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Tags: Bankruptcy, bankruptcy attorney, Chapter 11, Chapter 13, Homes, homesteads and real estate
Posted in Bankruptcy, Chapter 11, Chapter 13 | 1 Comment »
Friday, August 1st, 2008
One of the focuses of my bankruptcy practice is litigating Adversary Proceedings. I came across a case out of the Northern District of California. The first sentence under the heading of “Summary of Facts” read: “[t]his adversary proceeding is a poster child for some of the practices that have left to the current crisis in our housing market.” Clearly, this was something I had to read – and share with you.
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Tags: 523(a)(2): Fraud, Adversary Proceedings, Bankruptcy, Chapter 7
Posted in Bankruptcy, Chapter 7 | No Comments »
Tuesday, July 22nd, 2008
Shocker: BAPCPA put more profits into the pockets of credit card companies says Harvard Law Professor Elizabeth Warren.
Yesterday I blogged about honesty in the bankruptcy. Today, there’s a report out of Wichita of a former debtor who was not so honest. He’ll be taking an involuntary vacation for 33 months for bankruptcy fraud.
Living on the edge: rising gas and food prices may push struggling families into foreclosure.
MSNBC explores the high price of commuting.
Does anyone have a spare $25 billion that they aren’t using?
Despite a new Massachusetts regulation forcing lenders to wait 90 days to foreclosure on homes (it went into effect on May 1), the Boston Business Journal reports that foreclosures continue to climb.
Sign of the times: Commercial bankruptcy filing rates are going up.
Sign of the apocalypse: Batman was arrested. No joke.
Tags: Bankruptcy, Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, Economy, In the News, Mortgages and Foreclosures
Posted in Bankruptcy | No Comments »
Monday, July 21st, 2008
This week’s Newsweek has a great article on the abusive tactics debt collectors are increasingly using. The article is called “A New Shakedown” and it’s worth the read – especially in light of the shakedown a creditor recently pulled in a Nebraska bankruptcy case. The collector ended up violating the stay.
The debtors’ chapter 13 bankruptcy case was filed on February 13, 2008 and listed Geneva Roth Companies as a claim in the amount of $170. On May 21, a collector working on behalf of the creditor GRC (Sherman and Roman) called one of the debtors and started “to verbally abuse the debtor and coerced a payment from the debtor threatening criminal sanctions.”
According to a signed statement, despite being informed of the bankruptcy filing and the pending bankruptcy case the collector told the debtor that she “was a key element in an investigation of fraud and bank theft….that they will be forced to have me identified as a felon. [The debtor went on to tell her that [she] was not going to talk to her about this at work and that I would call her back. [It] was then I had to call her back within minutes or my husband and I would be identified at our work by cops if I didn’t and it would be embarrassing.” The debtor was ultimately compelled to use a debit card to pay $300. She was left shaken.
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Tags: Automatic Stay, Bad Debt Collectors, Bankruptcy, Chapter 13, Fair Debt Collection Practices
Posted in Bankruptcy, Bankruptcy Litigation, Chapter 13, Fair Debt Collection Practices | 1 Comment »
Monday, July 21st, 2008
Today I received a call from a prospective client who was upset with their current bankruptcy attorney. They claimed that their current attorney was not giving them accurate advice, specifically, that the attorney had informed them that information pertaining to a non-filing spouse’s income and expenses was not needed to prepare a bankruptcy filing. That’s generally not the case, but in this instance, the parties had only been married for a short period. But when I started asking some other basic questions, what I got in return was whole a lot of bull.
The caller told me that the husband and wife resided together for about a year prior to the wedding. I told the caller that based on that, I would be required to consider the non-filing spouse’s income not only for the schedules (income and expenses), but also for the means test (actually, it’s the Bankruptcy Code that requires it). But as soon as the information was disclosed, the caller started back-peddling.
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Tags: Bankruptcy, bankruptcy attorney, Consumer Protection, Means Test
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Who’s Happy about this Economy?
Yesterday, I met with a couple where we discussed their need to file bankruptcy. The husband expressed embarrassment at their decision to file and (like many of my clients) expressed concern that their employer or coworkers could learn about it. I did not think it was a possibility, and I told them so. But they told me something I felt the need to share with you.
Apparently, at his place of employment everyone is just happy and feeling fine (according to the client). Everyone has nice cars, nice houses and dresses well. No one there could possibly be considering bankruptcy. When my client looked at me and said “no one at my company is going through this”, I felt I had no choice but to ask him “how the $%@# do you know that?”
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Tags: Bankruptcy, Commentary - Legal
Posted in Bankruptcy | No Comments »