Archive for August, 2007
By Wendell Sherk, Missouri Attorney
closeAuthor: Wendell Sherk, Missouri Attorney
Name: Wendell Sherk, Missouri Attorney
Email: wjsherk@alum.wustl.edu
Site: http://www.stlbankruptcy.com
About: I have been a bankruptcy attorney since 1989. Our firm represents consumers filing bankruptcy almost exclusively. My partner and I have each represented bankruptcy trustees as well as creditors. If you live in Eastern Missouri, visit our website, send an e-mail or give us a call (314) 781-3400. Please mention Bankruptcy Law Network.See Authors Posts (95) on Aug 24, 2007 in Missouri | 0 Comments
Missouri mortgage lenders that charged a “document preparation” fee were breaking the law. Many have already settled and others may now face paying triple damages in class actions at a time when many are already facing pressure from the current credit market meltdown.
The case involved a mortgage company charging its borrower a “doc prep” [...]
By Brett Weiss, Maryland Bankruptcy Attorney
closeAuthor: Brett Weiss, Maryland Bankruptcy Attorney
Name: Brett Weiss, Maryland Bankruptcy Attorney
Email: bweiss@jgllaw.com
Site: http://www.BankruptcyLawMaryland.com
About: Brett Weiss has been practicing in the areas of bankruptcy for the past 24 years.
Mr. Weiss has received international media attention in connection with the cases he had handled. He has been interviewed by Barbara Walters on The View, appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others.
An honors graduate and award-winning National Moot Court Competition national finalist at the University of Maryland School of Law, Mr. Weiss served as law clerk to the Chief Administrative Judge of the Anne Arundel County Circuit Court before entering into private practice. Mr. Weiss has over twenty years of practical legal experience, trying hundreds of cases within that time. Regularly appearing before the United States Bankruptcy Court, state and federal courts throughout the State of Maryland and the District of Columbia, he is a strong advocate for his clients.See Authors Posts (99) on Aug 24, 2007 in Bankruptcy Myths, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debts Not Dischargeable, General Bankruptcy Information, Maryland | 0 Comments
You or a family member has been ill. Even if you have health insurance, co-pays and insurance company games may leave you with thousands, or tens of thousands of dollars in medical debt. And if you don’t have health insurance, a serious illness can be a financial nuclear bomb.
Can you file a “medical bankruptcy” just [...]
By Kurt O'Keefe, Attorney at Law
closeAuthor: Kurt O'Keefe, Attorney at Law
Name: Kurt O'Keefe Michigan Bankruptcy Attorney
Email: koklaw@gmail.com
Site: http://www.koklaw.com
About: graduated University of Michigan, cum laude, 1976
Wayne State University Law School, 1979
Michigan state chair, National Association of Consumer Bankruptcy Attorneys
member, American Bankruptcy Institute
member, pro bono panel, Eastern District of Michigan Bankruptcy Court
Admitted to practice, 6th Circuit Court of Appeals, Eastern and Western Districts of Michigan
certified in consumer bankruptcy law by the American Board of CertificationSee Authors Posts (84) on Aug 24, 2007 in General Bankruptcy Information | 0 Comments
Yes, but it won’t help. Current Chapter 13 bankruptcy law does not allow you to change the interest rate, or the loan balance, on the mortgage on your residence.
National Association of Consumer Bankruptcy Attorneys President Henry Sommer proposes a solution here.
Most of the current version of Chapter 13 dates back to the 1978 enactment of [...]
By Kent Anderson, Oregon Bankruptcy Attorney
closeAuthor: Kent Anderson, Oregon Bankruptcy Attorney
Name: Kent Anderson, Oregon Bankruptcy Attorney
Email: kent@kentandersonlaw.com
Site: http://eugenebankruptcylawyer.com
About: Admitted to practice in Oregon in 1978. Designated as a Consumer Bankruptcy Specialist by the American Board of Certification. Graduated from the Max Gardner Bankruptcy Litigation Bootcamp and the Peter Barry Fair Debt Collection Practices Act Bootcamp. Member of the National Association of Consumer Advocates. Years of experience in practice before the Internal Revenue Service and Oregon Department of Revenue has made me a valued referral source for accountants, tax preparers and other attorneys.See Authors Posts (67) on Aug 23, 2007 in Debts Not Dischargeable, General Bankruptcy Information, Lawyer to Lawyer | 3 Comments
Bankruptcy courts in all but one circuit rely on the so-called three-part Brunner test for determining whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. This test is based on a thirty-year old U.S. Court of Appeals decision (Brunner v. New York State Higher Education Services Corp., 831 F.2d [...]
By Susanne Robicsek, North Carolina Bankruptcy Attorney
closeAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyHelp@gmail.com
Site: http://www.robicsek.com
About: Concentrating in Consumer Bankruptcy Law since 1988;
Wake Forest Law School JD 1987
Law Office of Susanne M. Robicsek since 1993,
Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.See Authors Posts (110) on Aug 23, 2007 in Chapter 13 Bankruptcy, General Bankruptcy Information, North Carolina | 0 Comments
Borrowers often turn to Chapter 13 bankruptcy when they fall behind in mortgage payments. Chapter 13 can usually stop foreclosures by giving the homeowner three to five years to cure the missed payments while maintaining the ongoing monthly payments. Chapter 13 can not change the ongoing payment amount or lower interest rates. Homeowners turn to [...]
By Andy Miofsky, Illinois Bankruptcy Attorney
closeAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.abankruptcylawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer from Granite City Illinois representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (104) on Aug 23, 2007 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, General Bankruptcy Information, Illinois, Lawyer to Lawyer | 0 Comments
A Northern District of Illinois decision says no. In re Gossett, No. 06B14628 (NDIL April 24, 2007). Judge John Squires interpreted 11 U.S.C. 109(h)(1) and “during the 180-day period preceding the date of filing” to require a calendar date separating the credit counseling and the bankruptcy filing. Judge Squires determined that Congress did not [...]
By Däna Wilkinson, Attorney at Law
closeAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (106) on Aug 23, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
Cathy Moran’s recent article about the importance of the meeting of creditors drove home the point that the thorough and honest preparation of your court documents is crucial. The most important part of the Meeting of Creditors, however, is just making sure you show up. Full disclosure in the schedules and statements filed [...]
By Kurt O'Keefe, Attorney at Law
closeAuthor: Kurt O'Keefe, Attorney at Law
Name: Kurt O'Keefe Michigan Bankruptcy Attorney
Email: koklaw@gmail.com
Site: http://www.koklaw.com
About: graduated University of Michigan, cum laude, 1976
Wayne State University Law School, 1979
Michigan state chair, National Association of Consumer Bankruptcy Attorneys
member, American Bankruptcy Institute
member, pro bono panel, Eastern District of Michigan Bankruptcy Court
Admitted to practice, 6th Circuit Court of Appeals, Eastern and Western Districts of Michigan
certified in consumer bankruptcy law by the American Board of CertificationSee Authors Posts (84) on Aug 23, 2007 in General Bankruptcy Information | 0 Comments
Not long!
A new study reports that nearly 100% of families who file Chapter 7 bankruptcy get credit card offers within a year.
The figures were lower for those who had filed Chapter 13 payment plan cases.
A shocking 20% of those offers are from credit cards they discharged in their bankruptcy case.
This flies in the face of [...]
By Kurt O'Keefe, Attorney at Law
closeAuthor: Kurt O'Keefe, Attorney at Law
Name: Kurt O'Keefe Michigan Bankruptcy Attorney
Email: koklaw@gmail.com
Site: http://www.koklaw.com
About: graduated University of Michigan, cum laude, 1976
Wayne State University Law School, 1979
Michigan state chair, National Association of Consumer Bankruptcy Attorneys
member, American Bankruptcy Institute
member, pro bono panel, Eastern District of Michigan Bankruptcy Court
Admitted to practice, 6th Circuit Court of Appeals, Eastern and Western Districts of Michigan
certified in consumer bankruptcy law by the American Board of CertificationSee Authors Posts (84) on Aug 22, 2007 in General Bankruptcy Information | 0 Comments
Yes.
They usually have a reason, but it has nothing to do with your use of the card. Now, they are worried about credit in general, and all the bad loans they already made, according to today’s Wall Street Journal.
Raising rates after you increase your balance is particularly insidious. You are in a position where your [...]
By Däna Wilkinson, Attorney at Law
closeAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (106) on Aug 22, 2007 in General Bankruptcy Information | 0 Comments
Since the first of the year, more than 38,000 mortgage company employees have lost their jobs, and mortgage lenders are themselves going bankrupt or simply shuttering their businesses, 24,000 of them in the last several weeks, MSNBC.com reports.
America’s largest mortgage lender, Countrywide Financial Corp., began an undisclosed number of layoffs this week. Last week, Arizona [...]