Click Here To Receive FREE Email Updates!

Archive for October 8th, 2007

Can I File Bankruptcy on a Holiday? »

Yes, you can file for bankruptcy 24 hours per day, seven days a week, 365 days a year, even on a holiday. I just filed a case for a client today on Columbus Day. But don’t expect to find a bankruptcy attorney on a holiday to file your case that day, most take holidays off.
Bankruptcy [...]

Subprime Lender Washington Mutual Looks Carefully at the Disclosure Practices of its Brokers »

Beginning on Tuesday, October 2nd, Washington Mutual announced that it would begin requiring its network of brokers to disclose more information to consumers about loan products prior to closings.  Washington Mutual and other subprime lenders are facing mounting pressure from law makers and consumer advocacy groups for failing to adequately educate consumers about the loan products [...]

Acquisition of Location Information by Debt Collectors »

The Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692b, does allows a debt collector to contact third parties to acquire location information.  In my opinion, this is one of the most frequently abused provisions of the FDCPA.  I have spoken with consumers who have had neighbors and distant relatives contacted by debt collectors all [...]

Debt Collector Calls to Payroll Departments and What is Reasonably Necessary to Effectuate a Postjudgment Judicial Remedy »

As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692c(b), only allows a debt collector to contact third parties in very limited circumstances.  One of these circumstances is when the contact is reasonably necessary to effectuate a postjudgment judicial remedy.  A debt collector may erroneously believe that calling someone’s payroll department [...]

Debt Collector Contacts with Third Parties »

The Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692c(b), only allows a debt collector to contact third parties in very limited circumstances.  If a debt collector contacts someone other than you about a debt you are alleged to owe, you may have a good case under the FDCPA.  The circumstances when a debt collector [...]

Who are the Chapter 7 Panel Trustees for the Bankruptcy Court in Houston? »

The Southern District of Texas, Houston Division, has twelve Chapter 7 panel trustees. The trustees are assigned randomly to a Chapter 7 bankruptcy case when the case is filed. The current Chapter 7 Trustees in Houston are:
David Askanase
Lowell T. Cage
Ben Floyd
Joseph Hill
Pamela Johnson
Janet Northrup
W. Steve Smith
Ronald Sommers
Rodney Tow
Robbye Waldron
William West
Randy Williams
For more information [...]

Filing for Bankruptcy From Outside the United States »

Can you file for bankruptcy in the United States if you live in Canada…or England…or Costa Rica? The answer, at least in Maryland, is “Yes.”
A recent decision by Maryland Bankruptcy Judge Nancy Alquist in a case I argued, In re Baker, held that Mr. Baker, a US citizen who was a resident of Costa Rica, [...]

Superpriority Condo Fee Liens in Massachusetts »

Here in Massachusetts, a condo association has a lien for unpaid condo fees.  M.G.L. c. 183A, § 6(c). This lien is a superpriorty lien in that it has priority over all other liens except municipal liens.  Since 1993, a condo fee lien even has had priority over a previously recorded first mortgage up to the [...]

What is a Lis Pendens? »

The term “lis pendens” means “pending suit.” Here in Massachusetts, a creditor can file a memorandum of a lis pendens in a registry of deeds to put people on notice that the property is currently involved in litigation.  Interests in the property acquired during the pendency of the litigation are subject to its outcome.  Therefore, [...]

Where Is My Bankruptcy Meeting of Creditors Held in the Syracuse Division of the Northern District of New York? »

A meeting of creditors is held in every bankruptcy case.  The meeting of creditors for a Chapter 7 is conducted by the chapter 7 trustee.  The meeting of creditors for a Chapter 13 is conducted by the chapter 13 trustee. 
Meetings are held in Syracuse, at the United States Federal Building and Courthouse, located at [...]