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When Can I File Bankruptcy Again? »

There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…The 2005 [...]

Popularity: 23% [?]

Federal Reserve Proposes New Rules to Limit Arbitrary Powers of Credit Card Issuers »

On May 2, 2008, the Federal Reserve released a series of proposed rules that would restrict current practices of the credit card industry. Specifically:

Banks would be prohibited from increasing the rate on a pre-existing credit card balance (except under limited circumstances) and must allow the consumer to pay off that balance over a reasonable [...]

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I Get My Tax Refund in Bankruptcy, Right? »

Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt?

Popularity: 36% [?]

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Public Access To Claims Now Denied! »

Many creditors have been improperly publishing confidential information about debtors in proof of claims in response to chapter 13 cases over the years.  Recently, many debtors’ attorneys have been moving the Bankruptcy Court to restrict this information.  Now, the Bankruptcy Court for the Southern District of California has taken this one step further!
If you liked [...]

Popularity: 19% [?]

Lawsuits and Bankruptcy »

Repeat after me: “Bankruptcy stops collection lawsuits. Bankruptcy stops collection judgments.” Now, go write this on the blackboard 100 times.
Bankruptcy is a federal right, direct from the U.S. Constitution. Collection lawsuits are state law and they lose out to the superior federal law.
If anyone tells you otherwise, please PLEASE immediately write [...]

Popularity: 26% [?]

Bankruptcy and Charge-Offs »

You can still file bankruptcy on a charged-off debt.  Any statement otherwise violates federal law and can put money in your pocket.  Please, PLEASE, immediately write down all details of the call and contact your attorney. 
I must repeat the February 15, 2007 post of my colleague, Susanne Robicsek.  A charge-off is a creditor’s accounting entry [...]

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Just One More Time For the Record: Think Four Times! »

In Rachel Foley’s recent posting here, she urges readers to think once, twice, three times about trying to represent yourself in bankruptcy. About a month ago, I posted on a “painful to watch” 341 hearing with two debtors who tried to use a bankruptcy petition preparer and save money. Each [...]

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Rental Subsidy Discrimination Award Not Discharged »

“Section 8″ is a phrase indicating public assistance, or a subsidy, for rental expenses.  Discrimination against recipients violates Massachusetts law.   A state court judgment for $1.00 actual damages, $5,000.00 punitive damages, and attorney fees issued against a landlord who then filed for bankruptcy protections - and lost as to this award.
 Bernal v Benham (In re Benham), [...]

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Teach Your Parents Well »

You all know the words to Graham Nash’s 1970 hit and by now the tune is melancholically playing in your mind.  And like most music of the slash decade, 60/70’s, it provides a life message.  Teach Your Children involves communication between a parent and a child.  One teaching life lessons to the other and the [...]

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Mortgage Company Abuse of Bankruptcy Laws »

     Mortgage companies routinely ignore Chapter 13 bankruptcy law.
You complete your plan payments, believing you are once again current with the mortgage, having accomplished your goal.
But then, you get a notice from the mortgage company, claiming you still owe them thousands of dollars.  Or, worse still, you just get a notice of a foreclosure sale [...]

Popularity: 47% [?]