December 2008

Is The Credit Card Industry Redlining?

by Kevin Gipson, New Orleans Bankruptcy Attorney

In a recent article found on the Credit Law Network, ”Credit Card Limit Cut Based On Where He Shopped“, Jonathan Ginsberg, an Atlanta Consumer Lawyer discusses the case of Kevin D. Johnson, a resident of Atlanta, Georgia. American Express cut Mr. Johnson’s credit limit citing “the poor repayment history” of other American Express customers who shopped at stores [...]

The “Means Test” was one of the most dramatic changes in the BAPCPA legislation in 2005.  It was supposed to bring clarity to how to determine whether above income debtors can file Chapter 7, or how much they had to pay into a Chapter 13 plan.  It didn’t. “Current monthly income” is supposed to be [...]

Loan Modifications And Tax Liens Part I

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

As a mortgage foreclosure defense attorney in Southwest Florida, I’ve witnessed mortgage modifications work in many instances; however, the overwhelming majority are going nowhere fast.  You definitely need someone who knows what they are doing to help you.  When you add a tax lien to the mortgage modification mix, you could all but guarantee the [...]

Resolution For The New Year – Get Organized

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

The biggest problem that every bankruptcy client has is organization.  Financial problems have a way of causing chaos.  Which bill do you pay first?  Which collection agency do you satisfy next?  How in the world do you collect all those documents necessary to file bankruptcy? In fact, the issue of disorganization is one that typically [...]

Obama needs April Charney to lead the fight against foreclosures

by Chip Parker, Jacksonville Bankruptcy Attorney

Politicians are a lot like major league baseball managers, in that the same people tend to be recycled in the MLB and Washington, D.C.  Obama’s administration contains mostly familiar names within the famed “Beltway,” and his choice for chief of Housing and Urban Development is no different. Obama has named Shaun Donovan, former NY City [...]

Legal Malpractice Claim is Property of the Bankruptcy Estate, Not the Debtor

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

A recent New Jersey case, In re Hussain, 2008 WL 5102458 (Bky.D.N.J. Dec. 5, 2008), held that a bankruptcy debtor’s legal malpractice claim against his former bankruptcy attorney was property of the estate, to be administered by the bankruptcy trustee for the benefit of creditors. The bankruptcy court observed that the legal malpractice claim involved [...]