Posts Tagged ‘Chapter 13’

How Are You Spending Your MLK Holiday?

January 17 is Martin Luther King Day, but unlike many, I won’t be “off” from work.  I’ll be presenting at and attending the ABI’s Northeast Consumer Winter Conference at Suffolk University Law School in Boston.  I can understand how it might seem disrespectful to be attending a conference on a day when we should be celebrating the life of a civil rights leader.  But it is also, I think, particularly fitting.  Let me explain…

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The Light at End of the Tunnel

With the midterm elections over, I am left to wonder: how will the new Congress help struggling Americans who face losing their home.  Will there be better and more streamlined mortgage modification programs?  Will there be a shift in the economic climate that will promote jobs growth?  Will Congress again take up the debate of amending the bankruptcy code to allow owners of single family residences to modify their loans in chapter 13?

I am not optimistic.

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Episode 6

The mission: to convince Congress that Section 1322(b)(2) must be amended to allow struggling homeowners to modify the loans securing their principal residences.

The challenge: coming up with ideas no one else has.

The result: hilarity.  Hopefully.

Law and Propaganda 6

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Episode 5

In this special Halloween episode of Law & Propaganda: Emergency chapter 13s, surgical procedures and other scary things.

Law and Propaganda 5

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Barney Frank: Please Read This

I have a bone to pick with Barney Frank.  Yesterday, a new multi-million dollar loan program was rolled out by HUD.  Sharing in the local announcements were local Congressmen and other elected officials.

According to a Boston Herald report:

The loan program will provide more than 50,000 loans for unemployed homeowners for up to two years at $20,000 a piece. Advocates noted the funds go toward mortgages that were in good standing before a homeowner became unemployed.

Boston.com reported the program a little differently, but in substance, it’s the same.

To qualify for loans of up to two years, borrowers must have suffered a significant drop in income and be at least three months behind on mortgage payments. They also must demonstrate “a reasonable likelihood of being able to resume” payments within two years.

That smells a bit like “hope.”  So I’m afraid the sound of this program ruffles my feathers a bit.  But what compels me to write is this quote, which also appeared in the same Boston Herald report:

“I cannot think of anybody, beyond anarchism, that would find this an offensive program,” said [Newton Democrat and House Financial Services Committee Chair Barney Frank].

Really?

I’m going on record: Mr. Frank, I’m no anarchist I find this program offensive.  So today, I write this blog to you.

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Hope is a 4-Letter Word

Many have read media reports that decry HAMP (the Obama Administration’s purported “response” to the foreclosure crisis) and proclaim it is as lipstick on a pig.  After two years have watching clients struggle in this program and few coming up with anything meaningful, I want to go on record as saying this:

HAMP is not only lipstick on a pig, but it’s continued existence only puts more light on the political impotence and the bankruptcy of leadership on both Beacon Hill and Capital Hill.

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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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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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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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Do It Yourself Chapter 13: The Road To Failure

Through Twitter, I came across this article “How to File Chapter 13 Bankruptcy Without a Lawyer.” Since I wrote a book about chapter 13 – where I emphasize the need for competent representation – and, since I am also a lawyer, the title alone intrigued me.  So I clicked and read the article.  Then, I got steamed because not only was the article excruciatingly inaccurate, in some instances it was flat out wrong.  So, I’ve copied and pasted each of the “9 Steps,” and offered my response and I grade each answer.

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