Often clients come into the office  wanting to know if they can set aside a vehicle purchase because they say they did not realize that the monthly note was going to be as high as it was.  Many times when this is the case the client has purchased several of the insurances that we discussed in Part One.
If you [...]

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Perhaps the biggest profit source for today’s car dealerships is not the sale of the car itself, but various forms of insurance.
These can range from GAP (Guaranteed Automobile Protection) insurance, disability insurance (often referred to as “credit insurance”) and extended warranties or service contracts.
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There is no doubt that In re Jones clarifies, at least in the Eastern District of Louisiana, the procedure for the application of plan payments and payments made “outside of the plan”.
However, it has also become immediately apparent that Jones has raised several unanswered questions.
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In a recent article by BLN contributor, Craig Andresen entitiled:  “Sole Proprietor “Business” Chapter 13 Cases: Yes, You Can Do It!” discusses the option of a Chapter 13 bankruptcy for the sole proprietor.
He also points out that a business such as a Limited Liability Company or a Corporation may file for bankruptcy and obtain a [...]

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In Part Four the Jones Court’s ruling on actual damages was discussed.  The Court then turned its attention to a determination of to what extent the actions of Wells Fargo justified the imposition of sanctions.
The Court noted that the sanctions that might be assessed included the imposition of a monetary fine, reimbursement of fees and [...]

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Let me repeat that. Your bankruptcy lawyer is your friend.
He is there to help you get a fresh start on your credit problems.
Each person that gets into serious debt brings to that situation their own set of coping skills.
Some don’t open the bills and mail they get from debt collectors and just let the [...]

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In Part Three of this article we discussed the Court’s findings with respect to whether the charges assessed by Well Fargo, both prepetition and postpetition, violated the bankruptcy stay.
Having performed its analysis and having found many of the charges and fees to be unwarranted and/or unauthorized violations of the stay, the Court then turned its [...]

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In Part Two we discussed the Court’s analysis of the prepetition costs and expenses assessed by Wells Fargo against the debtor’s account in the case of In re Jones.
In this part, we will look at the Court’s analysis of the postpetition charges assessed to the account of Mr. Jones.
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In Part One we looked at the underlying facts of In re Jones. In this part we will look at the accuracy of the prepetition charges assessed to Jones by Wells Fargo.
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In the case of In re Jones, Judge Elizabeth Magner of the Bankruptcy Court for the Eastern District of Louisiana dealt with the issues of both the rights of consumer debtors and their creditors when it comes to application of Chapter 13 plan payments, as well as when and by what method a creditor can [...]

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