Archive for April 2nd, 2008

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  • Bankruptcy Can Stop Cancellation of Debt Tax
  • Federal Appeals Court Upholds “Debt Relief Agency” Rules, But Strikes Down Rule Against Advising Clients To Incur More Debt
  • Chapter 13 Lien Stripping: Effective At Confirmation
  • New Procedure For Car Cramdowns? Southern District of California Bankruptcy Court
  • AARP: 1.85 Million Americans Go Bankrupt Due To Medical Bills In One Year

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• BLN Members

  • Creditors Trying To Collect After Bankruptcy? Credit Report Still Showing Balances Due?
    “The fresh start promised by bankruptcy is under attack as big lenders keep squeezing money out of consumers whose debts were canceled by the courts.” – BusinessWeek, November 12, 2007 Bill collectors, debt buyers and credit card companies are breaking the law with they try to collect debts that have been discharged in bankruptcy. It’s also [...]
  • The Myth Of Credit Repair After Bankruptcy
    Many people hold out hope that they can clean up their credit after bankruptcy to qualify for a new loan or a major credit card. If you happen to be one of them, beware—a lot of people are looking for you. You’ll be seeing their ads on TV and their mail in your inbox, filled [...]
  • Chapter 13 Debtor May Deduct Full Amount Permitted By IRS Standards, Not Merely Actual Expenses
    Can a Chapter 13 debtor deduct the full amount permitted by IRS standards on their means test, even if their actual expenses are lower? The U.S. Bankruptcy Court for the Southern District of New York, in the recent case of In re Osei, 2008 WL 2515875 (Bankr.S.D.N.Y. 2008), recently held that the debtor may [...]
  • Falling Behind On Mortgage Payments Are Not Enough To Warrant Relief From Stay
    When you fall behind on your mortgage payments in a bankruptcy, you should expect the bank to seek relief from the automatic stay. Until recently, those motions would be granted as a matter of course. In fact, most bankruptcy lawyers would not even trouble themselves to file an opposition to the motion because it was [...]
  • Post-Bankruptcy Credit Reporting Violates The Discharge Injunction - Florida Agrees
    Continuing to report a discharged debt as due and outstanding after bankruptcy is a violation of the US Bankruptcy Code, says the U.S. Bankruptcy Court for the Middle District of Florida. The case? In re Fox, 3:05-bk-12267 (Bankr. M.D.Fl). Here, the court relied heavily on two of my cases, Russell v Chase Bank USA, NA (In [...]