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    An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 3 of a series.

    by John C. Colwell on 3/12/10 | 0 Comment(s)

    Serena V.

    Brief description of your legal issue:
    I am in serious debt, besides my mortgage I owe roughly 20+ thousand in credit card debt.I owe the IRS
    and have been trying to make payments as best as possible. I need help!

    Thank you for your inquiry. We likely can help a great deal. There are many variables and 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

    An all too common preliminary inquiry by a hypothetical debtor, and a reply.

    by John C. Colwell on 2/25/10 | 0 Comment(s)

    As of today one of my creditors have garnished my paycheck.

    Another San Diego bank takeover, failure due to ‘bad’ mortgage loans.

    by John C. Colwell on 2/20/10 | 0 Comment(s)

    The San Diego Union-Tribune reports, this morning:
    http://www.signonsandiego.com/news/2010/feb/19/la-jolla-bank-seized-by-federal-regulators/
    Another San Diego bank failure due to the mortgage lending fiasco. This is the 4th area bank in recent times, to fail. Will the administration and Congress ever act to allow true mortgage modification in Ch. 13? There are folks who would like to stay in their homes and Read more>>

    Non bankruptcy loan modification is a failure.

    by John C. Colwell on 1/16/10 | 5 Comment(s)

    Today, the AP is reporting what has been clear to all debtor attorneys for some time, that of the complete failure of the ‘voluntary’ loan modificatin programs.  See today’s San Diego Union-Tribune article here: http://www.signonsandiego.com/news/2010/jan/15/obama-mortgage-relief-program-fails-to-deliver/ This article suggests the blame should be placed upon Obama, and to be fair, a good portion of the failure Read more>>

    Santa Barbara BK Ct. increases are ‘average’ and ’shocking’.

    by John C. Colwell on 1/13/10 | 0 Comment(s)

    This mornings article from The Santa Barbara News Network
    http://www.thesbnn.com/?p=3554
    examines the significant increases in filings in that area, presumably one that is more affluent, and should be immune to the present economic client. This article clearly shows that the housing crisis has hit mainstream, and the voluntary loan modification program is not working. It is clear Read more>>

    Small / Closely held Corporate Bankruptcy and Personal Guarantees

    by John C. Colwell on 12/29/09 | 0 Comment(s)

    In this continuing declining economy, our office is approached frequently by the small business owner. The owners of America’s small businesses are under the same ‘big’ company financial pressures. Oftentimes the pressure for the small businessman is higher, if that can be believed, due to the nature of the small business. A large corporation has Read more>>

    San Diego Attorney Margaret Mann appointed as new Bankruptcy Judge in San Diego

    by John C. Colwell on 12/15/09 | 0 Comment(s)

    As reported on the BK Ct Web page:
    http://www.casb.uscourts.gov/html/bulletinbd.htm
    N E W S R E L E A S E
    December 15, 2009 Contact: Katherine Monterola, (415) 355-8800
    Court of Appeals Appoints New Bankruptcy
    Judge for Southern District of California
    SAN FRANCISCO — Chief Judge Alex Kozinski of the United States Court of Appeals for the
    Ninth Circuit today announced the appointment Read more>>

    The morality of abandoning the undervalued home and the choice to file bankruptcy.

    by John C. Colwell on 12/12/09 | 3 Comment(s)

    White, Brent T., Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis (December 7, 2009). Arizona Legal Studies Discussion Paper No 09-35. Available at SSRN: http://ssrn.com/abstract=1494467 .
    Associate Professor White has published a fascinating and thorough paper that traces the history of mortgage lending, the failure of the mortgage industry Read more>>

    Contact your Congressional Representative in support of loan modifications in Ch. 13

    by John C. Colwell on 12/10/09 | 0 Comment(s)

    NACBA is sponsoring an email campaign in support of allowing loan modifications in Ch. 13. Currently, this option is being blocked by special interests, when in reality, the option will help keep American families in their homes. Please support our efforts by clicking on the following link and participating in the legislative effort to make Read more>>