April 2009

Bankers Have No Sense of Irony

by Wendell Sherk, Missouri Bankruptcy Attorney

Banks want to have it both ways and apparently they don’t see anything wrong with that. Many banks have received cash-infusions from the federal government’s Troubled Asset Relief Program (TARP) in the form of cheap loans. As part of the deal, the banks agreed to grant the government warrants which could be redeemed for stock [...]

U.S. Supreme Court to Hear Bankruptcy Exemption Issue

by Jill Michaux, Kansas Bankruptcy Attorney

The U.S. Supreme Court accepted a case for review with two bankruptcy exemption issues: 1) When a debtor exempts property as his own and places a value on it in his bankruptcy paperwork, is he limited to that dollar amount or is the asset fully exempt?  2) Is there an exception to the 30-day deadline [...]

Paychecks And Uncooperative Employers

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

Bankruptcy filers must provide paycheck information (“pay advice”) to a trustee covering the 60 days before a filing, and also must provide their attorneys with income information for the six months before a filing (including gross pay and often detailed paycheck deductions) for means test calculations.  An uncooperative former employer makes this difficult. Employment may [...]

Should I use a petition preparer so I can file bankruptcy without an attorney?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Fiilng a bankruptcy pro se is like walking through a maze blind-folded. You might get through but you will certainly get lost along the way.

So why take chances? Get a competent, experienced bankruptcy attorney to represent

Agricultural Secretary suspends foreclosures

by Chip Parker, Jacksonville Bankruptcy Attorney

In a move following Obama’s foreclosure moratorium, Secretary of Agriculture Tom Vilsack has suspended all foreclosure actions within the Farm Service Agency’s farm loan program.  In a memorandum dated April 21, 2009, Vilsack stated: In response to the economic challenges facing farmers, I will use my existing authority to temporarily suspend all foreclosures within the [...]

California Civil Code 2923.6: California Courts’ Negative Rulings to Homeowners.

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

In September, 2008, I wrote about the new effects of California Civil Code 2923.6 and how it would appear that home loans in California would require modifications to fair market value in certain situations. Since then, many decisions have come down from local judges attempting to decipher exactly what it means.  Unfortunately, most judges are [...]