So you got a discharge, none of your assets were taken, and now you want to pursue a previous creditor for collection violations which occurred prior to filing. Maybe there was an FDCPA or other state UDAP claim. Can you do it? Yes, as long as you listed those claims on your schedules [...]

Popularity: 6% [?]

Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 33% [?]

Popularity: 33% [?]

     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: 46% [?]

In my first Blog, we explained the differences between in personam and in rem liability and how a discharge affects in personam liability, but not in rem liability. In this part II, we get a little more technical on what the elimination of the in personam liability is all about.
If you liked that post, then [...]

Popularity: 50% [?]

What the heck does that mean? Sounds like Latin. Well, it is. And it is the this very threshold foundation of Bankruptcy that sometimes confuses people the most. When one gets a discharge, what exactly does that mean?
If you liked that post, then try these…The 2005 Bankruptcy Act: Bankruptcy Filings Are Increasing by [...]

Popularity: 58% [?]

Collecting upon a discharged debt is a violation of the Discharge Injunction under 11 USC 524. In the Ninth Circuit, it is punishable by contempt. In the Southern District of California Bankruptcy Court, up until this last week, a lawsuit, called an Adversary Proceeding, could be filed in the Bankruptcy Court to sue the [...]

Popularity: 49% [?]

Lately, most people are surrendering their real estate in Chapter 7 Bankruptcy Proceedings.  This is because there is usually little if any equity left in the property.  In fact, in many cases, surrendering the property is recommended in light of future interest rate adjustments which will increase monthly payments, negative equity, and the fact that [...]

Popularity: 53% [?]

Appearing in the pages of the New York Times today was an article about a bankruptcy Court showdown which raises profound questions for the Debtors in that particular case, as well as broader questions about the continuing viability of the sacred principle known as the “rule of law” in our society.
If you liked that post, [...]

Popularity: 66% [?]

Maybe.  It all depends on whether there is an enforceable security agreement between you and the lender concerning the collateral.  In most cases, either the security agreement is not enforceable, and even if enforceable, it is simply not economically viable to repossess the assets and make a profit. 
If you liked that post, then try these…The [...]

Popularity: 100% [?]

Generally, reporting a balance influences the debt to credit ratio, which typically amounts to 1/3 of what your credit score is based upon. While many creditors try to argue that they are simply reporting truthful information of what they are owed and what remains on their books, they entirely miss the boat.
If you liked that [...]

Popularity: 50% [?]