Blog Posts in 2006

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  • Part of New Bankrtupcy Law Ruled Unconstitutional
    Part of New Bankrtupcy Law Ruled Unconstitutional

    One of the provisions of the new bankruptcy law (the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”)) places limits and requirements on what an attorney may and may not say ...

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  • Sue up or Shut up!
    Sue up or Shut up!

    Have you ever received a letter threatening to sue to collect $388? Those fortunate souls who are unfamiliar with the court system might believe someone would actually sue to collect $388. But it is ...

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  • Wall Street Journal on New Bankruptcy Law
    Wall Street Journal on New Bankruptcy Law

    The Wall Street Journal posted an article claiming (or at least inferring) the new bankruptcy law is a success and denigrating those who opposed the law. Henry Sommer, president of the National ...

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  • Foreclosure Consultants Are Bad News
    Foreclosure Consultants Are Bad News

    I have people come in my office frequently who have had this happen. They defaulted on their home loan and the house is going into foreclosure. They were contacted by someone who offered to help them ...

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  • QWR’s and RESPA
    QWR’s and RESPA

    One thing I have been seeing a lot of recently is mortgage companies hiding the ball on consumer loans in bankruptcy. For example, a mortgage company might allocate certain payments from a Chapter 13 ...

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  • Fool me once, fool me twice. . . but not three times
    Fool me once, fool me twice. . . but not three times

    Bankruptcy Judge Whitney Rimel (of Fresno) issue an interesting opinion (In re Gay, No. 06-10472) recently on the issue of the circumstances under which the automatic stay can be reinstated. By way of ...

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