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Archive for November, 2007

Credit Card Interest Rates »

Chase has decided to help the little guy and cease raising interest rates when the cardholder’s credit score declines. More on this new development was also reported on our sister site, Credit Law Network.
This lovely predatory practice allowed Chase to impose penalty interest rates on card holders who had never been late, were under [...]

What Is A “Motion To Lift The Automatic Stay” In Bankruptcy? »

The “automatic stay”  is, perhaps, the greatest advantage to filing for Bankruptcy.  This is the requirement that upon filing, no-one can do anything to collect a debt, enforce a judgment, garnish your wages, take your property or that sort of thing.  There are, of course, exceptions such as the requirement to keep paying child support.
In [...]

Mortgage Servicer »

     A mortgage company owns your mortgage, that is, lent you the money to buy your home. But you send your payments to a mortgage loan servicer, usually at a P. O. Box out of your state.
That address is a lock box operation. That is, people are paid to open the envelope with [...]

Bankruptcy In Florida: Renting Is A Crapshoot. »

As a Bankruptcy Attorney in Southwest Florida, I speak with bankruptcy clients who are surrendering their homes in one of the worst housing markets in the United States. Bankruptcy is usually their only option to a void the negative consequences of the foreclosure process.
One of the unfortunate complications of this reality is the state [...]

Means Test: Don’t Give Up, Even If You Think You’ve Flunked It, Part 3 »

If you’re a consumer thinking about filing bankruptcy, you probably know about the “means test,” or Form B22, which must be filed with your case. The means test looks at your monthly household income and expenses, using prescribed formulas in an effort to see if you should be required to file a chapter 13 [...]

Federal Trade Commission Devotes Website to Identity Theft »

The Federal Trade Commission has a website devoted to Identity Theft.  It contains information for consumers, businesses, law enforcement, and military families.  In addition to providing tips to avoid identity theft, the site has information for victims of identity theft, and quizzes and information to educate individuals regarding identity theft.
The FTC’s website is also available [...]

Thankful for a way out of debt »

On Thanksgiving, I’m mindful of how precious the American approach to hopeless insolvency is: a bankruptcy discharge provides the proverbial fresh start to move forward with life. Money troubles do not have to cloud a life forever.
On the personal level, bankruptcy relief ends worry, stress, living on the financial brink.
On the societal level, [...]

Non-Bankruptcy Solutions to Subprime Meltdown Won’t Be Enough »

The mortgage industry and government are scrambling to find ways to stem the tide of subprime disaster. Some solutions will simply not work for enough people to matter and others are just passing the buck to future taxpayers. The best solution remains allowing consumers to modify their mortgages through the bankruptcy process.
If you [...]

Five Year Chapter 13 Plan: Too Long? »

The bankruptcy law changed in 2005 to require that people who make over their state median gross income pay five years of disposable income to their creditors in a Chapter 13 Plan. Prior to the law change, Chapter 13 debtors who had disposable income were required to pay as much as they could [...]

Means Test: Don’t Give Up, Even If You Think You’ve Flunked It, Part 2 »

If you are considering filing bankruptcy, you should know that the “means test” created by the 2005 Bankruptcy Reform Act can actually be understood by both your lawyer and you –and understanding the means test is the first step toward “passing” it.
In Part 1 of this series, we looked at how the means test uses [...]