Posts Tagged ‘Bankruptcy’

WhatsaMatta with WaMu?

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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Overspending and Bankruptcy

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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Are Short Sales Just Silly?

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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The Easy Life of a Consumer Bankruptcy Attorney

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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“Stated Income” Loan Discharged Despite False Representations on Application

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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Tuesday’s News…

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.

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A Shakedown Backfires

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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Honesty Goes A Long Way

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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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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Hope Floats (or Sinks)

We’re hearing a lot about “hope” lately. Recently, I met two people in seemingly hopeless financial situations who are relying on hope to get them through. There is hope. Then there is denial. And sometimes, it can be difficult to see the difference between the two.

These folks had marginal income, high mortgage payments, and both are facing foreclosure. One hoped they could find a job (even though they had been unemployed for almost a year). The other, whose income was not nearly enough, hoped business would pick up and their income would change (they are in real estate). Both clients hoped things will change and they can keep their homes. While I also hope things will change for them, unless they do it simply will not happen. And this is what I told them.

A friend of mine once suggested that I write more about “hope”, and even went further to suggest that I “sell hope.” I will continue to leave the selling of “hope” to politicians like Barak Obama whose campaign website is apparently “Powered by Hope.” The purpose of this website is not to sell “hope.” The people who visit this site tend to be (as they often tell me) looking for honest information. If readers find “hope” on this site, it’s because they found it. They do not need me to sell it to them.

Don’t get me wrong, I think everyone needs hope. Without hope, there is little reason to get out of bed in the morning. Without hope, there is little reason for a sick person to get well. While preparing this blog, I thought of two metaphors: hope is like a good wine: a few glasses is fine. It actually can be quite nice. But a bottle (or two) will get you drunk, and perhaps very sick. Maybe for a day or two. Or we can look at hope like coffee: a little will keep you awake and alert. Too much, and you’re jittery, sweaty, gasping for air, struggling with heart palpitations and otherwise bouncing off the walls.

If you’re facing some financial difficulty, ask yourself, how much of your game plan is based on “hope” and how much of that hope is really based on reality? Will your income improve? Will you be able to pull it together in time to avoid a foreclosure? If your answer to these questions is “I hope so”, then you need to thing about how much of your hope is your not wanting to see what might really be there. Like the real possibility that you will lose your home.

For the two clients I mention above, they both know what they have to do to get where they want to be. Both also know what if they cannot pull it together, they will need to start the process of moving into the next phase of their life, which will not be in the home they currently reside in. Both clients face very difficult realities. They may succeed and they may not. These clients came to me presenting difficult situations and wanting honest answers to their questions. I could have chosen to provide hope. But I believe that they deserved honesty first. I am fairly certain that both are grateful that that is what they got. One even gave me a big hug afterwards and said “thank you.”

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