Archive for July, 2008
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.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 (151) on Jul 31, 2008 in Benefits of Bankruptcy | 0 Comments
Mortgages can be cancelled in a process called rescission. Here’s an overview. Grounds for exercising this right given borrowers by Congress are found in problems with the mortgage closing documents for a residential second mortgage or refinanced mortgage.
Problems include the absence of Truth In Lending Disclosures, such as the Annual Percentage Rate (APR) for [...]
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.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 (151) on Jul 31, 2008 in Benefits of Bankruptcy | 0 Comments
Borrowers have three days to cancel a mortgage after signing the papers. That three days is extended to three years (four years in Massachusetts), if the papers have certain problems. The extension can even be forever, meaning that it can be used as a defense called recoupment, to oppose a foreclosure.
Cancellation is also called rescission. [...]
By Cathy Moran, California Bankruptcy Lawyer
closeAuthor: Cathy Moran, California Bankruptcy Lawyer
Name: Cathy Moran, California Bankruptcy Lawyer
Email: cathymoran@gmail.com
Site: http://www.moranlaw.net
About: I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for over 25 years. My proudest professional accomplishment is authorship of Bankruptcy in Brief at www.moranlaw.net, perhaps the web's most comprehensive web site on bankruptcy basics.See Authors Posts (174) on Jul 31, 2008 in Means Testing | 0 Comments
The government’s accountability office reports a 50% increase in the cost of bankruptcy. A large part of the increased expense can be traced to the means test, that supposedly objective measure of whether an individual has the ability to repay his creditors some of the debt he owes.
On this site, Kurt O’Keefe looked at [...]
By Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
closeAuthor: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Name: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Email: kcbankruptcy@gmail.com
Site: http://www.kcbankruptcy.com
About: Former Bankruptcy Attorney to the Kansas City UAW: Ford and GM workers, now assisting the general public in Missouri and Kansas with regaining financial control using the Bankruptcy Code. 816-472-HELP (4357).See Authors Posts (132) on Jul 29, 2008 in Economy | 0 Comments
The slowing economy and ever climbing debt load has overtaken Mervyns Department Store. On July 29, 2008 Mervyns has filed for Chapter 11 Bankruptcy Relief in the District of Delaware. In an effort to assist Mervyns with the restructuring of its debt, Wachovia pledged $465 million.
Debt is everywhere and no one and no company is [...]
By Nicholas Ortiz, Boston Bankruptcy Attorney
closeAuthor: Nicholas Ortiz, Boston Bankruptcy Attorney
Name: Nicholas Ortiz, Boston Bankruptcy Attorney
Email: nfo@mass-legal.com
Site: http://www.bkmass.com/
About: Helping consumers and small businesses in the following counties of Massachusetts: Suffolk; Norfolk; Essex; Middlesex; Plymouth; Bristol; Barnstable; Dukes; Nantucket. Visit my website www.bkmass.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you callSee Authors Posts (167) on Jul 29, 2008 in General Bankruptcy Information | 0 Comments
Massachusetts Bankruptcy Judge Rosenthal in the recent case in re Zmijewski, 2008 WL 2705508 (Bankr.D.Mass.2008), added a decision to the many dealing with trusts and homesteads in Massachusetts. The Chapter 7 debtors, before their case was filed, conveyed real estate to a self-settled trust. The debtors were sole trustees and beneficiaries. However, they [...]
By Kurt O'Keefe, Attorney at Law
closeAuthor: Kurt O'Keefe, Attorney at Law
Name: Kurt O'Keefe Michigan Bankruptcy Attorney
Email: koklaw@gmail.com
Site: http://www.koklaw.com
About: Solo practitioner, 29 years in practice, certified in Consumer Bankruptcy by the American Board of Certification, Michigan State Chair for the National Association of Consumer Bankruptcy Attorneys, over 150 members, Martindale-Hubble av rated (highest rating), lecturer for National Business Institute and NACBA in Michigan, Illinois, California, LouisiannaSee Authors Posts (95) on Jul 29, 2008 in Featured | 0 Comments
Bankruptcy laws were massively changed effective October 17, 2005.
One of the selling points, was that too many people were filing, and this cost the rest of us $400 per year, because our cost of borrowing was higher to cover the losses from all those deadbeats filing Chapter 7.
Well, the credit card company losses were [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
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 (123) on Jul 29, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
No! Objections to claims do not need to be served in the same manner under Bankruptcy Rule 7004 as Adversary Proceedings. This is because even though an Objection to Claim is a Contested Matter generally covered by Bankruptcy Rule 9014, the claims objection process is further governed by Bankruptcy Rule 3007.
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 (157) on Jul 28, 2008 in Debt Collection Laws, Debt Collector Abuse, Payday Loans | 0 Comments
In order for a debt to be governed by the Fair Debt Collection Practices Act, there are some requirements:
The debt must be a consumer debt: The debt must have been incurred for personal, household, or family reasons;
A debt collector must be involved: A debt collector (not the original creditor) collects for another;
The [...]
By Pamela Stewart, Attorney at Law
closeAuthor: Pamela Stewart, Attorney at Law
Name: Pamela Stewart, Houston and Victoria Bankruptcy Lawyer
Email: PLSatty@swbell.net
Site: http://plstewart.com
About: See Authors Posts (142) on Jul 28, 2008 in Uncategorized | 0 Comments
Affinity credit cards are credit cards typically offered through a partnership between a lending institution and a non-financial organization such as a school or a non-profit organization. Usually, the organization receives a percentage of each purchase made on the card. Cardholders may receive discounts or special deals from the organization.
By Chip Parker, Jacksonville Bankruptcy Attorney
closeAuthor: Chip Parker, Jacksonville Bankruptcy Attorney
Name: Chip Parker, Jacksonville Bankruptcy Attorney
Email: parker@jaxlawcenter.com
Site: http://www.jaxlawcenter.com
About: See Authors Posts (109) on Jul 28, 2008 in General Bankruptcy Information | 0 Comments
Jacksonville bankruptcy attorney Robert Wilbert is accustomed to giving away his legal expertise as a staff attorney for Jacksonville Area Legal Aid, but the free service he provides thousands of his colleagues is just as priceless.
Since the enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in late 2005, practicing consumer bankruptcy law has become [...]