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Archive for October, 2007

Resources for Consumers at the Pennsylvania Department of Banking »

The website of the Pennsylvania Department of Banking has several features intended to better to inform consumers for the purpose of protecting them from scams and predatory lending.  The main page related to consumer protection is located here.  The page contains the following links:

Do You Have To Pay Medical Debt That Is More Than Six Months Old? »

I was astounded while looking through one of my client’s papers to ready her case for filing to find a webpage printout from a “bankruptcy info” page that said:  “medical debt that is not paid within three-six months of the date of treatment is uncollectible”.  The author of that page went on to state that [...]

Important Dates in Chapter 13 Cases – Part 6 »

The last date most creditors can file proofs of claim in a Chapter 13 case is 90 days after the first scheduled meeting of creditors. Governmental units get 180 days from the date the petition was filed. Under the new bankruptcy law, BAPCPA, this deadline to file claims is usually after the confirmation [...]

Do Mortgage Arrearages Get Paid Interest in Chapter 13 Bankruptcy? »

Chapter 13 bankruptcy is frequently filed to save a home from foreclosure by paying back the mortgage loan arrearage over time. Do you have to pay nterest on the mortgage arrearage claim to cure the default?
The arrearage claim includes all the past due payments on the principal and interest due under the mortgage [...]

Where Do I File Bankruptcy Near Houston, Texas? »

If you reside in one of the counties listed below, you must file your bankruptcy case in the Southern District of Texas, Houston Division,
If you liked that post, then try these…Bankruptcy In Florida: Debtors Can Stack Personal Property Exemptions by Carmen Dellutri, Attorney at LawModifying the Chapter 13 Plan — A Western District of [...]

Debt Collector May Notify You When Collection Activity Stops »

In a letter opinion dated October 5, 2007, the Federal Trade Commission decided that a debt collector could communicate the cessation of collection activity so long as it was not attempting to collect a debt in doing so, and so long as it did not violate any other Fair Debt Collection Practices Act provision.
ACA International [...]

New IRS allowances don’t go into effect for bankruptcy until 1/1/08…or are they already in effect? »

A “Means Test” is required of all over-the-median-income debtors since the passage of BAPCPA two years ago.  In the means test, debtors start with their average income from the previous 6 months and then subtract not their actual expenses, but the expenses allowed by the “IRS Standards”, set by the Internal Revenue Service. 
On October [...]

Bankruptcy and Student Loans: One Frustrating True Story (Part 3) »

In Part 2, the debtor discovered that he was wrong when he thought that the judge’s order in his Bankruptcy case was a valid, final order discharging his student loan.
So, in due time, an amended complaint was filed alleging that the student load agency and their collection company should be estopped from collecting the debt [...]

Bankruptcy In Florida: Short Sales Are A Joke. »

As a Bankruptcy attorney in Southwest Florida, I meet with people daily who are interested in the Bankruptcy process and how bankruptcy can help them. I enjoy giving them information on how Bankruptcy can change their lives.
Unfortunately, there is quite a bit of bad information out there about what is really going on in [...]

Important Dates in Chapter 13 Cases – Part 5 »

The date set for the confirmation of Chapter 13 plans varies depending on the Court and District where the case is filed.  Bankruptcy Courts differ in the procedural requirements for confirmation of a case.  Some courts hold confirmation hearings in every Chapter 13 case, and many of those Courts require the presence of the Debtor [...]