September 2009

Top 15 Myths Of Bankruptcy (Unless You’re Counting) Part Three

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

11. �THOSE DEBT MANAGEMENT PLANS ADVERTISED ON TV AND RADIO REALLY WORK! FALSE – Most people are optimists about their finances. �Things don’t always get better. Check out this post about Debt Management Plans. 12. �YOU CAN KEEP ONE CREDIT CARD (JUST DON�T TELL YOUR BANKRUPTCY ATTORNEY) FALSE – You need to list all of [...]

Can I Keep My Non-Exempt Assets in Bankruptcy?

by Peter Orville, Binghamton Bankruptcy Lawyer

You can keep property when you file bankruptcy in Chapter 7 in some situations, but usually always in Chapter 13 bankruptcy.

What is the Difference between Judicial and Non-Judicial Foreclosure?

by Nicholas Ortiz, Boston Bankruptcy Attorney

Mortgage foreclosure is primarily governed by the laws of the state where the property exists.  State laws vary.  In some states–Florida for example–the law requires that mortgage lenders seek a court judgment permitting the foreclosure.  This requirement is helpful for consumers because it provides a ready-made venue to assert defenses to the foreclosure–such as Truth [...]

Be Wary of Your "Friends"

by Peter Orville, Binghamton Bankruptcy Lawyer

Debt collectors have joined the social networking craze in an attempt to collect bad debt.  Facebook, Myspace and Twitter are being infiltrated by debt collectors.  Posing as a “friend” they simply send a “friend request” to the delinquent debtor, who will often accept.  This could have serious consequences. Once the debt collector has access to [...]

Bankruptcy and Utility Shut-off

by Nicholas Ortiz, Boston Bankruptcy Attorney

Automatic stay prevents utility companies from shutting off bankruptcy debtors’ utility services on the basis of outstanding debts owed prior to the bankruptcy filing. If a debtor’s utilities have been shut-off prior to the bankruptcy, the debtor, upon the filing of her case, should provide evidence of the bankruptcy proceeding to the company and demand [...]

Re-Default Rates Continue to Plague Mortgage Industry

by Wendell Sherk, Missouri Bankruptcy Attorney

The mortgage industry and government continue to push loan modifications as a way of saving homes.  The Treasury Department released a report showing how that program is working out. The short answer is that it is muddling through.  The Office of Comptroller of the Currency reported that 8.5% of all mortgages are now delinquent and [...]