Often people come to see me who have been working with a debt settlement company but are unable to manage the payments to the debt settlement company or get discouraged with the whole process. How can bankruptcy be better? To be clear, a debt settlement company is an entity that will take your money in [...]
July 2010
Last week, the Bankruptcy Appellate Panel (BAP) for the Ninth Circuit decided Mwangi v. Wells Fargo Bank, N.A. At issue was Wells Fargo’s national procedure of running a computerized comparison of all newly filed chapter 7 bankruptcy cases against Wells Fargo’s list of account holders. If one of Wells Fargo’s account holders had also filed [...]
When I give lectures on individual and small business Chapter 11 cases, I always advise new Chapter 11 attorneys to buy a thick towel for their desk. After I get a confused look from the audience, I explain: “It’s to protect your client’s jaw when it hits your desk after you tell them your fee!” [...]
Bankruptcy has become an epic war between debtors and creditors. These two groups are constantly battling for control of the debt in question. The debtors are seeking to either reject or modify the debt while the creditors are seeking to enforce the debt. The Bankruptcy Trustees and Judges are the negotiators enforcing the law while [...]
A big part of filing bankruptcy is providing your bankruptcy lawyer with documents. After you and your bankruptcy lawyer decide bankruptcy is your best option, she’ll give you a list of documents she’ll need in order to file your case. At first, the list may seem intimidating, but it’s really not that bad. To be [...]
