July 2008

Is All Debt Collection Governed By The FDCPA?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

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 [...]

Deeds in Lieu of Foreclosure: Problems and Pitfalls

by Brett Weiss, Maryland Bankruptcy Attorney

With foreclosures skyrocketing, many people are looking for ways out of their mortgages. Deeds in lieu of foreclosure are often used to avoid foreclosure. They do avoid foreclosure. But do they really benefit you, the homeowner? In many cases, they can leave you and your credit worse off than filing for bankruptcy. Here’s the inside [...]

What is an affinity credit card?

by Pamela Stewart, Attorney at Law

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.

Bankruptcy lawyers everywhere grateful for attorney Robert Wilbert

by Chip Parker, Jacksonville Bankruptcy Attorney

  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 [...]

Mortgage Fraud Case Front Page News in Atlanta

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

The Atlanta Journal-Constitution published a front page article today about a defendant who will be sentenced today for setting up a mortgage fraud scheme that turned around 20% of the homes in a middle class minority suburb of Atlanta into empty shells.  The defendant, a 40 year old man named Kevin Wiggins, recruited straw buyers [...]

So your attorney objected to a claim and got it disallowed in your Chapter 13 case.  A year later, the creditor decides to move the court to reconsider the claim.  Can they do this?