My local paper has a column this morning contending that no one “wins” the blame game about the economic crash and the foreclosure tsunami. Mike Cassidy notes with surprise the chorus of those characterizing homeowners facing foreclosure as lazy, shiftless, greedy or irresponsible. They got what they deserved is the theme of these folks. Let [...]
October 2008
Standing, in the context of bankruptcy and state law, means the right to be a party to a litigated matter. A company claiming to own the right to file a claim in bankruptcy court or a lawsuit to foreclose in state court must be the owner of the underlying promissory note and mortgage. Not only [...]
It’s 5 a.m., and I haven’t been able to sleep. Today, I will be a panelist at the Jacksonville Bankruptcy Bar Association Annual Seminar, and my topic is mortgage litigation in bankruptcy court. The problem is that I don’t like litigating mortgage issues in bankruptcy court. The reason is that, while these issues are fine [...]
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act has now been in effect for three years. Is it any clearer than before? Let’s examine a few of the hotly litigated problem area topics and how those topics have “played out” admidst the various circuits around the country.
Did you finish a chapter 7 bankruptcy and believe that you had made a fresh start. Confidently walk into a car lot about six months after your bankruptcy to apply for a car loan and be stunned when the finance manager turned you down due to open accounts remaining on your credit report after your [...]
In a recent blog, I wrote about ways to save money–the ideas featured in an article by Jean Chatzy in the June 2008 Reader’s Digest. I agreed with the author’s analysis that sometimes small quick changes create a big result. Her article also mentions the ways slightly more difficult changes can have big results in a hurry. [...]
