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Jones v. Wells Fargo Scheduled For Oral Argument »

United States District Judge, Helen G. Berrigan, has scheduled oral argument of the appeal by Wells Fargo Bank in the Jones v. Wells Fargo case.  Argument is set for June 25, 2008 at 9:30 a.m. in Section “C” of the United States District Court for the Eastern District of Louisiana in New Orleans.
The Appeal entitled:  [...]

Popularity: 15% [?]

Jones v. Wells Fargo Administrative Order 2008-1 »

This article is a follow up to the series of articles that I had previously written on the Jones v. Wells Fargo Case.
On January 11, 2008 Judge Elizabeth W. Magner entered Administrative Order 2008-1 in the Wells Fargo Case.  The purpose of the Administrative Order was to implement the accounting procedures ordered by Judge Magner [...]

Popularity: 13% [?]

When Should I Assume A Lease In Bankruptcy? »

One of the features of bankruptcy is the ability to reject a residential lease.  But what if you want to assume an unexpired lease?
Obviously, you must live somewhere, so consider the following factors when making this decision:

Can you find a better deal on rent than you are currently paying?
What are the terms of the lease?  [...]

Popularity: 20% [?]

Drive Financial Services, L.P versus Jordan Affirms Use of Till Interest Rate »

In Drive Financial Services, L.P. v. Jordan  the United States Court of Appeals for the Fifth Circuit was called upon to address whether changes made to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) which gave greater rights to secured motor vehicle creditors superseded the decision of the United [...]

Popularity: 19% [?]

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

The one thing I really want my bankruptcy clients to do is speak with me before they transfer any assets.
Why? Because the sale of assets before or during a bankruptcy may present potential problems to a debtor in obtaining a discharge.
If you liked that post, then try these…New Bankruptcy Laws: File By The End [...]

Popularity: 19% [?]

How Do I Calculate My Household Size When I File Bankruptcy? »

Your household size can be a critical factor in determining whether you can file a Chapter 7 bankruptcy case or how much you need to pay in a Chapter 13 case.  Household size is the starting point in figuring out if you are above or below the median income for your state.  The larger the [...]

Popularity: 46% [?]

What Does Pay Outside the Plan Mean? »

Making a payment outside of the plan is a term used in a Chapter 13 bankruptcy.
A Chapter 13 bankruptcy requires the debtor to propose a “plan” of how he will be able to pay the debt that he has that is overdue or in arrears.
If you liked that post, then try these…Chapter 13: What If [...]

Popularity: 12% [?]

Buying A New Car? Watch Out For Dealer Added Insurances! Part Four »

In Part Three we saw a situation where the client was unaware that the insurance they had purchased through the car dealer was worthless because they had not purchased the necessary underlying collision insurance on their car.
While this situation is bad enough, client number three had a problem that is almost impossible to anticipate:  She was the [...]

Popularity: 18% [?]

Foreclosure Rates Are Up! Can Bankruptcy Help? »

Writer, Keisha Lamothe, in an article for CNNMoney.com entitled “Foreclosures: Moving on up” reports that foreclosure filings rose during the third quarter of 2007, increasing by 30% over foreclosures in the second quarter.
If you liked that post, then try these…Just Say No to Credit Insurance – As Often as Necessary! by Kent Anderson, Oregon Bankruptcy Attorney1099 [...]

Popularity: 20% [?]

Buying A New Car? Watch Out For Dealer Added Insurances! Part Three »

So, you purchased GAP insurance, credit insurance and a vehicle extended warranty in spite of reading Part One of this series of articles, and you signed the agreement without reading it, or you were rushed into signing (Part Two).
Well, that’s the worst of it, right?
Wrong!
If you liked that post, then try these…Juvenile Restitution Discharged in Chapter [...]

Popularity: 18% [?]