RSS Feed for FeaturedCategory: Featured

A Bankruptcy Attorney’s Story: Catching Those Who Are Falling »

For many years bankruptcy was seen as something that was used by either businessmen like Donald Trump or by people who didn’t have much income. This is no longer true as people in lower, middle, and the upper class are turning to bankruptcy lawyers for help.
My friend, colleague, and sometimes adversary, Rick Mitchell [...]

Popularity: 26% [?]

Senate Has No Appetite to Help Homeowners »

Susanne Robicsek has already written about the Senate’s refusal to take action which would help homeowners in foreclsoure keep their homes. According to The Hill, Senator Dick Durbin, sponsor of the legislation (who, by the way, fought valiantly for its passage) had this to say:
“This really tries my patience,” he said. “At this point [...]

Popularity: 9% [?]

Idea to Prevent Future Mortgage Fraud »

The biggest problem I have found in addressing flawed mortgage originations is that when there is wrongdoing on the part of industry it is often perpetrated by mortgage brokers. Many mortgage brokers are honest, but others spurred on by the desire for sales commissions commit fraud when inducing people into deals. This was [...]

Popularity: 9% [?]

Offer in compromise vs. bankruptcy »

My office has been flooded this week with clients with failed offers in compromise for IRS tax debt. Like most clients, they have been clinging to the hope that there was a solution other than bankruptcy.
The comparison of OIC vs. bankruptcy is neatly laid out in an article by Larry Heinkel in the Florida [...]

Popularity: 25% [?]

Student Loan Zombie Debt »

Was that student loan discharged in bankruptcy, or wasn’t it? Two recent decisions leave the answer to that question in doubt. Hoxie v. Educational Credit Management Corporation (US Dist. SD California, November 13, 2006) and Mersmann v Educational Management Credit Corporation (US App 10th Circuit, September 24, 2007) threaten the financial security [...]

Popularity: 35% [?]

The One Thing I Really Want Bankruptcy Clients To Do Is … »

The one thing I really want bankruptcy clients to do is to seek help from a bankruptcy lawyer as soon as they can.  Please! Stop me from repeating the following line: “I wish you had come to see me earlier because I could have saved you from doing ________.”
I certainly understand [...]

Popularity: 17% [?]

Discharging Student Loans in Bankruptcy: It’s Worth Talking to Your Lawyer »

It is well known that student loans can’t usually be discharged in a bankruptcy case. What is not well known is why, and what you might be able to do about it.
Section 523(a)(8) of the bankruptcy code says that student loans cannot be discharged in either chapter 7 or chapter 13, unless repaying the student [...]

Popularity: 26% [?]

You Owe, You Owe, It’s Off To Church I Go »

An interesting article written by Patrick Enright of Newsweek.com explores a correlation between evangelical Christians, in the Bible belt and Mormon mountain West, and states with a high concentration of payday lenders. The article examines the results of a state by state count of these two groups conducted by two law school professors for [...]

Popularity: 18% [?]

“Legal Aid” Scam Victimizes Thousands Across the Country »

The New York Times recently reported a story about a multi-state legal services scam operated by two brothers. The brothers placed advertisements in newspapers, in yellow pages and on Craigslist offering discount legal services.
The hook - all of the advertisements included the term
If you liked that post, then try these…Juvenile Restitution Discharged in Chapter [...]

Popularity: 12% [?]

What Is The Difference Between A Chapter 7 And A Chapter 13 For Consumers? »

Last year, my friend and colleague, Susanne Robicsek, wrote a great comment on the different types of bankruptcies. Susanne covered all the types of bankruptcies, but what I want to do is outline the basic pros and cons between a Chapter 7 and a Chapter 13.
First of all, a chapter 7 is the basic, so-called [...]

Popularity: 26% [?]