May 2009

Can’t Access Pacer or ECF? You May Need to Change a Setting in Your Browser

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

I am writing this post for the benefit of fellow lawyers and other colleagues who may be having the same problems I have accessing bankruptcy court records electronically.  If you use Firefox (Mozilla) or Opera as your browser, you will notice that your browser software periodically updates, and sometimes those updates create unintended consequences.  Similarly, [...]

Credit Default Swaps Could Force General Motors Bankruptcy

by Andy Miofsky, Illinois Bankruptcy Attorney

GM Investors holding credit default swaps [CDS] may get a better return on their investment if GM files what would be history’s 4th largest bankruptcy.  A credit default swap is a derivative contract between two parties where one party pays the other party a fee and receives a payoff if the specified investment fails.  It [...]

You can recover damages if creditors harass you after you file your bankruptcy case

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

One of the most important benefits of your bankruptcy case is the automatic stay.  In plain English, this is a great big stop sign to your creditors.  Once your bankruptcy is filed, they have to stop bothering you.  No more calls at home.  No more calls at work.  No more harassing mail. Not even a [...]

You CAN defend against your mortgage foreclosure

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

If you are facing mortgage foreclosure, your best defense can be a good offense.  Mortgage lenders who file foreclosure cases count on you to do nothing.  They count on you to ignore their complaint.  They count on you to default.  That way, they can easily go to court and get a foreclosure judgment without having [...]

Twelve Personal Finance Mistakes – Work With a Partner

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

In a family situation, it is important that everyone know what the finances are.  When the finances are a deep, dark secret, there is no information upon which family members can decide whether a spending decision is appropriate.  Nothing inhibits that impulse buy and soon the bidget is blown.  By working with a partner, not only will the information [...]

Foreclosure Defense Limited in Connecticut

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

Connecticut is a Judicial foreclosure state meaning that a foreclosure must take place in the context of a court proceeding.  It is also one of only two states that recognizes the old English rule of Strict Foreclosure.  Despite the setting of a court proceeding, Connecticut Rules of Practice (civil procedure rules) limit defenses in a [...]