October 2009

A change in the Median Family Income used to determine eligibility to file a bankruptcy changes on November 1, 2009. The Median Family Income for Louisiana beginning November 1, 2009 is as follows: One Person:          $37,464.00 Two Persons:        $48,287.00 Three Persons:     $53,461.00 Four Persons:       $66,256.00 For each additional person in the household and additional $6,900.00 […]

Sections 707(b)(2) and 1325(b) of the bankruptcy code allow a chapter 7 or chapter 13 debtor to claim an expense for charitable contributions, including tithing to a religious organization.  This has the possible effect of allowing a debtor to qualify more easily for chapter 7, or allowing a chapter 13 debtor to pay less money […]

Massachusetts foreclosure procedure is wierd. It’s a non-judicial state, which means that no court order is needed to foreclose and get legal title to the property. In other states which require a judicial proceeding, one can answer the complaint and stop the foreclosure cold while demanding that the foreclosing party prove the right to foreclose […]

Refinancing can be a fraudulent transfer in bankruptcy

Modification of a Home Loan: A Case Study Last February I wrote a post about a retired woman’s struggle to keep her house, and how the mortgage company refused to grant a modification.  Actually, they never refused, but were so darn incompetent in processing the papers and making any determination that the foreclosure marched on, […]

NO! Despite what a bill collector may tell you. You will not be arrested or placed in jail for non-payment of a debt. If a debt collector tells you that you can be, contact a lawyer immediately as that bill collector has violated the Fair Debt Collection Practices Act (FDCPA).