Milvetz v. United States
By Jay Jump on 3/08/10 | 2 Comment(s)
A setback for debtors and debtors attorney’s everywhere.
This part is bad for the attorneys:
Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA. By definition, “bankruptcy assistance” includes several services commonly performed by attorneys, e.g., providing “advice, counsel, [or] document preparation,” §101(4A). Moreover, in enumerating specific exceptions to the debt-relief-agency Read more>>
Where to File a Chapter 7 Bankruptcy
By Richard Stokan on 3/08/10 | 0 Comment(s)
A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy Read more>>
An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 2 of a series.
By John C. Colwell on 3/07/10 | 0 Comment(s)
dmp, debt management plan, deficiency, Second Trust Deed, Charge off
“What Do You Mean They Can Take My Bike?!?”
By Lori Patton on 3/06/10 | 0 Comment(s)
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call Read more>>
Several Eastern District of Michigan Bankruptcy Judges to Participate in Continuing Legal Education Seminar About Consumer Bankruptcy Issues
By Drew Broaddus on 3/05/10 | 0 Comment(s)
On February 8, 2010, the U.S. Bankruptcy Court for the Western District of Michigan (which covers Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette) posted a notice on its website regarding an “Institute for Continuing Legal Education Seminar” to take place April 19, 2010 in Plymouth, Michigan. The notice (available here) indicates that the featured Read more>>
Why you need to file bankruptcy. . .
By Jay Jump on 3/04/10 | 1 Comment(s)
You can villify me later. For now, I need you to read and get some perspective. Pay attention because we’re going to move fast.
You need to file for bankruptcy.
Let me say it again for those of you who are still shaking your head.
YOU NEED to file for bankruptcy!
There, I gave you a little emphasis to Read more>>
New Mexico Leads the Way in Combating Foreclosure
By John Rogers on 3/02/10 | 0 Comment(s)
“As the Obama administration works up its 12,487th plan for keeping underwater homeowners in their homes, New Mexico’s legislation had the courage and good sense to do the obvious: let foreclosed homeowners stay in their home as renters. The New Mexico legislature voted to allow homeowners in houses that sell for less than the median Read more>>
Listing and Valuing Household Items
By Richard Stokan on 3/01/10 | 0 Comment(s)
Bankruptcy courts vary as to the specificity required for the description of household furnishings. Most courts are satisfied with a brief description of the types of household goods rather than an itemized list of every item. For example, a debtor can list table settings for eight instead of itemizing each plate, saucer etc… Similar groupings Read more>>
Is HARP The Solution To My Mortgage Modification Problems?
By John O'Connor on 2/28/10 | 0 Comment(s)
John C. Colwell has recently declared non-bankruptcy loan modifications a failure on this forum. Indeed, it is undeniable that federal programs such as The Home Affordable Modification Program (HAMP) have failed to relieve struggling homeowners of mortgage payments they simply cannot afford. The biggest company in the program, Bank of America, has completed modifications for Read more>>
Sixth Circuit Court of Appeals Looks At Student Loan Hardship Discharge in Chapter 13 Bankruptcy Cases
By Drew Broaddus on 2/26/10 | 0 Comment(s)
As various bankruptcy attorneys have discussed on this site, and as I recently discussed on our firm’s website, student loans are not usually discharged in bankruptcy. However, these debts can be discharged under limited circumstances through a hardship discharge. In the case of Jennifer Cassim v Educational Credit Management Corp., the U.S. Court of Appeals Read more>>
