Archive for May, 2008
By Stephen Otto, Pennsylvania Bankruptcy Attorney
closeAuthor: Stephen Otto, Pennsylvania Bankruptcy Attorney
Name: Stephen Otto, Pennsylvania Bankruptcy Attorney
Email: steve@sottolaw.com
Site: http://www.sottolaw.com
About: I am a Pennsylvania lawyer who focuses his practice in the areas of consumer bankruptcy and consumer litigation. I am a member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Consumer Advocates (NACA). Please visit my website, www.sottolaw.com, for more information. You may also call me at 1-800-741-8469.See Authors Posts (70) on May 31, 2008 in General Bankruptcy Information | 0 Comments
The who, what, when, and where of bankruptcy appeals can be tricky. The following is a brief and very general roadmap to bankruptcy appeal filing:
Who: The Debtor
If you liked that post, then try these…Bankruptcy In Florida: Carmen Dellutri’s 2008 Predictions Part I by Carmen Dellutri, Attorney at LawSouth Carolina Homestead Exemption by Däna Wilkinson, [...]
By Peter Orville, Attorney at Law
closeAuthor: Peter Orville, Attorney at Law
Name: Peter Orville, Attorney at Law
Email: porville1@stny.rr.com
Site: http://www.peterorville.com
About: Helping consumers in the following counties of the Northern District of New York: Broome; Chenango; Cortland; Delaware; Onondaga; Otsego; Tioga; and Tompkins.
Call (607)770-1007 to set up an initial consultation and to learn how I can help you. Or visit my website at www.peterorville.com
Mention Bankruptcy Law Network when you call.See Authors Posts (96) on May 31, 2008 in Automatic Stay, Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Collection Issues, Debt Collector Abuses, Decisions of Interest, Discharge Violations, General Bankruptcy Information, New York | 0 Comments
When debtors attorneys file motions against creditors who violate the automatic stay, creditors often try to argue that they did not intend to violate the stay. If that is their only argument…they lose.
Last October, Nicholas Ortiz wrote on these pages about what is required to show that a creditor violated the automatic stay. [...]
By L. Jed Berliner, Springfield Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Springfield Bankruptcy Attorney
Name: L. Jed Berliner, Springfield Bankruptcy Attorney
Email: ljedberliner@gmail.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (99) on May 31, 2008 in Massachusetts, Mortgages, Predatory Lending | 0 Comments
One Massachusetts judge in particular took a courageous step to stop unfair foreclosures. On February 25, 2008, Superior Court Judge Ralph D. Gants ruled that adjustable mortgages were presumed to be unfair and in violation of Chapter 93A, the Massachusetts statutes prohibiting unfair and deceptive trade practices, if a mortgage had (1) interest which adjusted within [...]
By Karen Oakes, Southern Oregon Bankruptcy Attorney
closeAuthor: Karen Oakes, Southern Oregon Bankruptcy Attorney
Name: Karen Oakes, Southern Oregon Bankruptcy Attorney
Email: oakeslaw@gmail.com
Site: http://www.oakeslawoffice.com
About: Helping consumers in the following counties of Oregon: Klamath; Lake; Jackson; Josephine; Curry; Deschutes; and others. Call 541-273-1650 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (79) on May 31, 2008 in Automatic Stay, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Choosing Bankruptcy Attorney, Collection Issues, Consumer Protection, General Bankruptcy Information, Oregon, Role Of The Lawyer, State Specific Bankruptcy Issues | 0 Comments
While back rent is dischargeable in a bankruptcy proceeding, your landlord has options when you file for bankruptcy. Timing is everything in this situation. If your bankruptcy is filed BEFORE the state court enters an eviction order, then the automatic stay kicks in and you are protected, as my colleague, Stephen Otto, of Penn., explained [...]
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (70) on May 31, 2008 in General Bankruptcy Information | 0 Comments
Because of the new “means test” forms created as part of the 2005 Bankruptcy Reform Act, rental property which is to be surrendered in bankruptcy can be problematic. Prior to the law change, it was common for owners of rental property with no equity, and which the owner intended to surrender, to keep payments from [...]
By Wendell Sherk, Missouri Attorney
closeAuthor: Wendell Sherk, Missouri Attorney
Name: Wendell Sherk, Missouri Attorney
Email: wjsherk@alum.wustl.edu
Site: http://www.stlbankruptcy.com
About: I have been a bankruptcy attorney since 1989. Our firm represents consumers filing bankruptcy almost exclusively. My partner and I have each represented bankruptcy trustees as well as creditors. If you live in Eastern Missouri, visit our website, send an e-mail or give us a call (314) 781-3400. Please mention Bankruptcy Law Network.See Authors Posts (85) on May 31, 2008 in Chapter 7 Bankruptcy, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information, Missouri | 0 Comments
Bankruptcy is a tragedy to most people. But actually debtors bring their tragedies to court with them and the court must deal with the fallout. Sometimes those tragedies are gut-wrenching.
This week the Eighth Circuit Court of Appeals handed down one of these decisions. The case involved the 2001 death of a young [...]
By L. Jed Berliner, Springfield Bankruptcy AttorneycloseAuthor: L. Jed Berliner, Springfield Bankruptcy Attorney
Name: L. Jed Berliner, Springfield Bankruptcy Attorney
Email: ljedberliner@gmail.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (99) on May 31, 2008 in Collection Issues, Massachusetts, Personal Finance | 0 Comments
Yes, Virginia, you are responsible. You can go after your cousin or best friend or son after that person defaults on the loan and you’ve paid the lender, but the lender can come after you. Make no mistake about this. You signed on the dotted line, and you stuck your neck out.
The person owning the [...]
By Craig Andresen, Attorney at LawcloseAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (70) on May 30, 2008 in Benefits of Bankruptcy, Collection Issues, Consumer Protection, Credit Cards, Personal Finance | 0 Comments
In the past several years, there has been dramatic growth in the visibility of so-called debt settlement agencies. These are firms which advertise their supposed ability to “cut your credit card payments in half,” or promise they can “settle” your debt for only a small portion of what you owe — without filing bankruptcy.
This [...]
By Jill Michaux, Kansas Bankruptcy Attorney
closeAuthor: Jill Michaux, Kansas Bankruptcy Attorney
Name: Jill Michaux
Email: jill.michaux@neismichaux.com
Site: http://www.bankruptcykansas.info
About: Topeka's Consumer Bankruptcy Specialist, Jill A Michaux is the managing partner of the law firm, Neis & Michaux, P.A. She practices law with her husband, Mark W. Neis.
She has helped consumers with debt problems in bankruptcy since 1980. She is board certified consumer bankruptcy by the American Board of Certification since 1992.
You may reach her at her office in Suite 825 of the Bank of America Tower at 6th Street and Kansas Avenue in downtown Topeka, 534 S. Kansas Ave., Ste. 825, Topeka, KS 66603-3446.
Telephone: 785-354-1471 or 866-354-1471
Fax: 785-354-1170
Website: www.bankruptcykansas.info
Blog: www.bankruptcylawnetwork.com
E-mail: jill.michaux@neismichaux.comSee Authors Posts (88) on May 30, 2008 in Choosing Bankruptcy Attorney, General Bankruptcy Information, Lawyer to Lawyer, North Carolina | 0 Comments
Bankruptcy Law Network’s own Susanne Robicsek of Charlotte, N.C., is recognized as member of the month in the National Association of Consumer Bankruptcy Attorneys newsletter released today.
NACBA recognizes members who give generously of their time, energy and finances toward its goals which benefit consumer debtors and other bankruptcy attorneys.
She is a founding member of the [...]
By Michael Doan
closeAuthor: Michael Doan
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (57) on May 30, 2008 in Automatic Stay, Bankruptcy Practice and Procedure, California, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
Most Debtors always get notices in the mail 30 to 90 days after filing for Chapter 7 relief concerning property they own. In most cases, they have no idea what it is. Chances are, it’s a Motion for Relief of Stay(MFRS). Usually your attorney explained this event and this notice should come as no surprise. But [...]
