Click Here To Receive FREE Email Updates!

Archive for October 9th, 2007

Former Consumer Bankruptcy Attorney Turned Ohio Attorney General Dubbed “Mortgage Cop” »

The October 8th edition of the Wall Street Journal dubbed the Attorney General Marc Dann of Ohio as a new “mortgage cop” in the unfolding saga of subprime loans, exotic mortgage producs with adjusting interest rates, and securitizing originators who bear no accountability to the marketplace. 
If you liked that post, then try these…New Bankruptcy Trustee [...]

Top Ten Wastes of Time After BAPCPA »

When I sat down to write about the top ten changes in my practice attributable to BAPCPA, I realized (to my surprise) that some of those changes were positive. A fellow blogger suggested that I write about the top ten wastes of my time as a result of the bankruptcy amendments which took effect not [...]

What is the BAP? »

Bankruptcy Appellate Panels (BAPs) are panels of three bankruptcy court judges who hear appeals from bankruptcy court decisions in addition to their regular bankruptcy court duties. The BAPs are units of the federal courts of appeals in the 1st, 6th, 8th, 9th, and 10th Circuits.
Parties appealing a bankruptcy court decision may elect to take [...]

Exemption Planning, Part 1: Selling an Asset Before Bankruptcy to Avoid Losing It »

If you’re considering bankruptcy, you’re no doubt concerned about avoiding the loss of money or property to your creditors.  Fortunately, although rules vary from state to state, most consumer bankruptcy debtors won’t lose any assets in a bankruptcy.  This is because the exemptions (the laws protecting your property from loss in bankruptcy) are liberal and [...]

What Is Flipping, And How Can The Practice Increase My Risk of Having To File For Bankruptcy? Part Two. »

In Part One of this article I discussed Flipping: a method used be finance companies to generate fees from current customers by refinancing the customers loan repeatedly.
Now how does the finance company get an otherwise intelligent person to voluntarily spend money on more closing costs?
The answer is that they lead the borrower to believe [...]

Where Is My Bankruptcy Meeting of Creditors Held in the Utica 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. In the Utica Division of the Northern Distrcit of New York your meeting can be [...]

Post-Dated Checks in Debt Collection »

Massachusetts regulations prohibit a debt collector from requesting or demanding a post-dated check for payment of all or some of a debt. Many debt collectors violate this regulation in Massachusetts because federal law allows for the use of post-dated checks in debt collection. (Note that under a federal law a notice of intent [...]

Who are the Chapter 13 Bankruptcy Trustees for the Bankruptcy Court in Houston, Texas? »

In Houston, your Chapter 13 case will be assigned to one of two Chapter 13 Trustees based on the judge assigned to your case. They are:
William Heitkamp, Esq.
David Peake, Esq.
For contact information, go to www.13network.com
If you liked that post, then try these…The Collection Agency Says They’re Going To Garnish My Wages, Take My Car [...]

Debt Collector Voice Mail Messages and Third Party Disclosure »

As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”) requires that debt collectors, when communicating with a consumer, state that the communication is from a debt collector. See 15 U.S.C. 1692e(11). However, if a debt collector leaves a voice mail message and states that he is a debt collector, there is a [...]

The Chapter 13 Process-Part 9 »

There are several ways a Chapter 13 can end.  The plan can fail, a refinance or other economic change can cause an early pay-off, a debtor can run into such bad luck that an early “hardship” discharge is in order, or all of the payments can be made and the plan terminate according to its [...]