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Archive for May, 2009

Married Debtors; Separate Bankruptcy Estates »

Two spouses file one bankruptcy case.  They get one trustee, one case number, one meeting of creditors, etc.  But they are still two separate people with two separate bankruptcy estates.
Here’s why it’s important.  If someone dies within six months after a bankruptcy is filed, the inheritance is property of the bankruptcy estate.  However, that inheritance [...]

Personal Bailouts – Should You Bailout A Friend or Relative? »

In this era of corporate bailouts, it makes you wonder how many individual bailouts are happening, and, more importantly, is it the right thing to do?  Three times in the past week, a client has called to request that we close the file because they no longer have to file for bankruptcy.  While I love [...]

Twelve Personal Finance Mistakes – Private Banking »

Do you remember that saying, “Never a lender nor a borrower be”?  It is sound advice founded on personal experience.  It is amazing how often family or friends will go the extra mile to lend to each other.  It is good to support your family or friends, but nothing ruins a relationship faster than a [...]

Can You Get Rid Of A Mortgage: An Update »

A Massachusetts Chapter 13 debtor has been able to remove (”cancel” or “rescind”) a second or refinancing mortgage, without having to pay the full principal balance, if there was a serious defect in the closing papers.  See Cancel That Mortgage:  Why Bankruptcy and Remove That Mortgage !!
A recent intermediary appellate decision just changed that ruling.  [...]

Does The Stress Over Debts or Mortgage Foreclosure Lead to Suicide? »

Suicide can be a tragic byproduct of the current financial and mortgage foreclosure crisis.  We have all heard of people jumping out of buildings in last century’s Great Depression.  But how many actual suicides or attempts at suicide have occurred because of today’s situation? 
At the National Association of Consumer Bankruptcy Attorneys annual convention in Chicago, [...]

New York Attorney General Cuomo Goes After Debt Collectors »

Unfair and deceptive collection practices has become a concern of NYS Attorney General Andrew Cuomo.  Cuomo has said he wants to halt harassing phone calls, frivolous lawsuit threats from collectors, and other practices which violate the law. His office has shut down one debt collection firm and has expanded a probe into twenty others. 
According to Adrienne Carter from [...]

Experian Beats Lifelock In First Courtroom Battle »

Over a year ago, I blogged on the lawsuit between Lifelock and Experian.  Well, Lifelock is still in business and so is Experian.  Both companies are making money, and both companies are still fighting in Court.  Why?  The bottom line is millions of dollars in profits.  Whose profits?  Both companies.
After the lawsuit was filed, both [...]

Resolving a Motion for Relief – A Costly Exercise »

Many Chapter 13 cases arise from mortgage payment problems.  A significant number of Chapter 13 debtors enter into bankruptcy with a mortgage arrearage and they use the arrearage cure mechanism of Chapter 13 to stop the foreclosure process and to pay back the missed mortgage payments over time.
Unfortunately many of the budget and cash flow [...]

Twelve Personal Finance Mistakes – Set Limits »

Part of every plan is a budget.  Part of every budget is limits in spending.  If you set limits in the budget, you can reach your goals.  If you don’t set limits, soon spending is out of control and soon you are on the endles treadmill of trying to pay off that credit card debt [...]

Lawyer Fails to File Bankruptcy or Otherwise Carry Out Debt Repayment Plan; License to Practice Law Revoked »

In Santulli v. Texas Board of Law Examiners, 2009 WL 961568 (Tex.App.-Austin, April 10, 2009), the Texas Court of Appeals upheld the revocation of a lawyer’s license to practice law, based upon his failure to either make payment arrangements for his outstanding debts or discharge them in bankruptcy. 
The Board of Law Examiners had found that [...]