In Jacksonville, Attorney General Bill McCollum filed a lawsuit against National Foreclosure Counseling Services, Corp. for charging up-front fees to customers seeking help modifying their mortgage. Florida legislators enacted the Foreclosure Rescue Fraud Prevention Act last October, forbidding any company from charging such a fee in Florida prior to services being rendered. In response to [...]
April 2009
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, [...]
Although most of the posts on this blog relate to questions about filing for bankruptcy now, bankruptcy lawyers like me regularly receive questions from prior bankruptcy filers (sometimes old clients and sometimes individuals seeking information). Here is a question I received from a woman who filed Chapter 7 pre-BAPCPA and is now having problems obtaining [...]
In Lumb v. Cimenian, 2009 WL 427836 (1st Cir.BAP Me. Feb. 23, 2009), the First Circuit Bankruptcy Appellate Panel held that actions taken post-discharge against the non-debtor spouse of a chapter 7 bankruptcy debtor can violate the discharge injunction of 11 U.S.C. section 524. According to the appeals court, this decision is the only known [...]
This is the second in a series of blogs about the Statement of Financial Affairs and the questions it asks. The first two questions in the Statement of Financial Affairs (SoFA) ask about income. Question 1 asks about income from employment or the operation of a business, and Question 2 asks about income other than [...]
The Statement of Financial Affairs, a detailed financial history that must be filed in all bankruptcy cases, is long and complex. Accordingly, my series about this document consists of many parts. This blog will serve as a “Table of Contents” with links to all of the articles, and will be updated as articles are posted. [...]
