Click Here To Receive FREE Email Updates!

Archive for April, 2008

Six Trillion Dollars in Home Equity Gone »

That is the guess of  a Washington Think tank based on the Case-Shiller home price index, as reported in today’s Los Angeles Times.
Supposedly, this will complete the deflation of the housing bubble started by Mr. Greenspan.
This will put more homes underwater, worth less than the amount of the mortgages borrowed against the house.
This writer has [...]

Landlord charged with serving fake eviction notice »

Inevitably, in this economy, people cannot pay debts they owe, including their monthly rent. Failure to pay rent results in the legal removal of the tenant by the landlord in a process known as eviction. However, when that legal process becomes too inconvenient, a landlord might just try to fake it.
As reported in the Florida [...]

Am I Protected From Creditor Abuse? »

Many of my colleagues’ and my postings have concerned the abuse by debt collectors and how the FDCPA protects consumers….BUT, what about when original creditors heap abuse on someone?   Many states have passed a state version of the FDCPA to protect their consumers, but one benefit of those state laws is that often, original creditors [...]

No Bankruptcy Discharge if Unlisted Credit Cards »

She didn’t want to totally destroy her credit, so she didn’t list five credit cards with small balances. Sound familiar? Perhaps you’ve had this thought.
Bankruptcy papers are signed under penalties of perjury, and are the same as live testimony in court. If you knowingly leave something off, you’ve lied and your bankruptcy [...]

I Live In Louisiana! What Does A Creditor Have To Do To Garnish My Wages? »

Garnishment is a process where a creditor gets paid the money it is owed from a debtor.  Often, the garnishment is of the debtor’s wages.
Louisiana is a judicial garnishment state, meaning that in order for a creditor to collect money from a third party such as an employer, it must first go in to court and [...]

Fair Credit Reporting Act Terms Defined. What is a "Furnisher"? »

Under the Fair Credit Reporting Act (FCRA) a "Furnisher" is a creditor or a third party that provides information about a consumer to a credit reporting agency (CRA).  The FCRA provides standards and guidelines to be followed by furnishers in an attempt to assure the accuracy of the information being provided to the CRA.
The FCRA [...]

I Get My Tax Refund in Bankruptcy, Right? »

Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt?

Bankruptcy: When do I get my Property Back? »

Technically speaking, once you file for bankruptcy, all your property is no longer yours.  Instead it is now part of a new entity called the Bankruptcy Estate, pursuant to 11 USC 522.  Nevertheless, in most cases, it goes back to you relatively quickly.

In chapter 7, all your property comprises the bankruptcy estate until one of [...]

What Is A “Medical Bankruptcy?” »

I don’t know.  But, recently, I got a call from someone in Ohio (I’m in California) telling me that she had filed a “medical bankruptcy” but needed some help in California regarding property she owned here.
So, what is a “medical bankruptcy?”  Frankly, there’s no such thing in the law.  I suspect what she meant is [...]

Massachusetts Homesteads Protect Children »

The purpose of the Massachusetts homestead is to protect families, not just debtors.  It should come as no surprise that a home remains protected if a child occupies the home even if the parent-debtor has moved out.  The parties in In re Thompson, 2008 Bankr. LEXIS 1199 all overlooked this point and argued about whether the debtor’s absence [...]