Archive for October 3rd, 2007

Summary of the Stop Unfair Practices in Credit Cards Act »

As you may know if you have been following this blog, Wendell Sherk wrote about the Stop Unfair Practices in Credit Cards Act back in May.  I recently stumbled upon a handy summary of the act here, provided by one of the sponsors, Senator Carl Levin of Michigan. 
To review, the Act would do the following:

prohibit [...]

Popularity: 4% [?]

Beyond The Bar: Credit Counseling Problems Surface »

The bar is the rail that separates the public seating area of the courtroom from the counsel tables. Only persons licensed and admitted to the bar are permitted to cross beyond this rail and appear before the court on behalf of a client.
Lawyers are a talkative bunch. But did you ever hear [...]

Popularity: 7% [?]

Consider Bankruptcy To Stop Foreclosure Before You Sign Up With A Mortgage Assistance Company »

Mortgage Assistance companies and credit counselors are not lawyers and they can’t explain the legal ins and outs about the bankruptcy laws. Not that they want to, because telling someone to see a lawyer about Chapter 13 bankruptcy might be a better option for the homeowner, but it won’t put a fee in [...]

Popularity: 9% [?]

Does My Car Lender Get Paid Interest During My Chapter 13 Bankruptcy in Topeka, Kansas? »

The Chapter 13 Trustee in Topeka, Kansas, pays interest to car lenders and other allowed secured claims in chapter 13 plans. The current rate is 9.75% (for cases filed in September 2007).
The rate changes monthly on the first day of the month. It can be found on the trustee’s website, www.topeka13trustee.com. Once [...]

Popularity: 11% [?]

Two-Cycle Credit Card Billing — Yet Another Reason Not to Feel Sorry for the Credit Card Companies »

Two-Cycle billing is an underdisclosed billing scheme employed by the large purveyors of credit cards like Bank of America and Capital One. The manner of its operation serves to reward consumer behavior which results in ever growing credit card balances from month to month, while penalizing consumers who try to shrink what they owe [...]

Popularity: 10% [?]

Practice Note: South Carolina Court Approves 524(i) Plan Language »

In the case of In re Ballard, Case No. 07-3203-jw (Bankr. D.S.C September 13, 2007), the South Carolina Bankruptcy Court has approved language for use in Chapter 13 plans regarding the provisions of 11 U.S.C. section 524(i).
If you liked that post, then try these…$650,000 in Sanctions Imposed in Bankruptcy Case by Nicholas OrtizBankruptcy In Florida: [...]

Popularity: 3% [?]

Judge, Please Deny My Reaffirmation Agreement. »

Counsel: Your Honor, debtor presents a reaffirmation agreement signed by all parties and prays this Honorable Court deny the reaffirmation in its entirety.
Judge: What’s that you say, counsel? You want me to deny your client’s reaffirmation?
Counsel: Yes your Honor.
Don’t be shocked to hear the [...]

Popularity: 9% [?]

Chapter 13 Trustees Sink to New Level of Absurdity »

I have been practicing consumer bankruptcy law in the Atlanta area for over 20 years and I thought I had seen everything.   In a recent Chapter 13 case, one of the Northern District of Georgia trustees objected to a $15 per month recreation expense in my client’s budget “thereby preventing the contribution of all monthly [...]

Popularity: 4% [?]

Bankruptcy, Over-Median Income, and the Means Test »

The bankruptcy reforms of October, 2005 (BAPCPA; Bankruptcy Abuse Prevention and Consumer Protection Act) created a three-part Means Test. First, each debtor’s income for the six full months before filing (including a spouse’s income unless separated) is compared against the median income for the debtor’s household size in the home state. Second, [...]

Popularity: 5% [?]

Bankruptcy Basics: Why Object To Claims Filed In A Chapter 13 Case? »

Your Chapter 13 case is filed and your creditors were all listed. Your plan provides for your taxes to be paid and your automobile. Your plan is a 0% plan (meaning there is no money left over after all your daily expenses and paying the trustee enough to pay the taxes, [...]

Popularity: 6% [?]