Consumer and small business bankruptcy issues. Deals with before, during and after bankruptcy.

Bank of America dishonest

Bank of America Holds Family Hostage According to Judge

October 19, 2017 – Article posted in Bloomberg.com. Bank of America tries to bully a bankruptcy judge,  ignoring the consequences of illegal acts, but the judge is not standing for it. Bank of America seems to think they can bully a bankruptcy judge,  like they did a California couple in a nightmare foreclosure, but the […]

debt settlement

Debt settlement a bad alternative to bankruptcy

Debt settlement a bad alternative to bankruptcy By Liz Weston NerdWallet.com, Aug 30, 2017 (a summary from South Bend Tribune) Many people believe that hiring a company to settle their debts is better on their credit, will cost them less in the long run and will generally be better than a bankruptcy.  This is what […]

Why Chapter 13 Bankruptcy Can Be Doomed for Failure

The American Bankruptcy Institute ‘ABI’ released a report addressing the astronomically high failure rate of chapter 13 bankruptcy.  The findings are not surprising for those of us who work in this world, but are shocking for the rest of the consumer community. It is likely that many bankruptcy judges have never had a successful chapter […]

mortgage lenders

Mortgage Lenders & Servicers Are Not Your Friend

When Mortgage Lenders Monkey With Your Loan By Bill Purdy The following are some excerpts from a very informative blog on a well-known consumer bankruptcy advocate’s web site: www.BankruptcySoapBox.com. Spoiler Alert:  As a borrower, you are an expendable resource in home loan servicing to be exploited for fees and charges. Borrowers just trying to keep […]

Can You End up in Prison After Filing a Bankruptcy?

Contempt bankruptcy court order ends in prison time: In re Kenny G. Enterprises  16-55007 (9th Cir 7/26/2017)  Kenneth Gharib refused to comply with a bankruptcy court order to turn over $1,420,000 belonging to a chapter 7 estate.  The judge imposed sanctions for the contempt: civil contempt sanctions of $1,420,000, $1,000 a day until he complied, […]

con artist

Typical Foreclosure and bankruptcy con artist scam

A typical story of a homeowner and the con artist scum who prey on desperate homeowners: “I tried to keep my home despite the fact they started foreclosure proceedings. I self represented myself and filed initial bankruptcy chapter 13 forms which stopped the first trustee sale/ auction date. I got stuck on the second set […]

Physical and financial abuse go together, by Prof. Andrea Littwin

Study finds domestic violence, ‘coerced debt’ often go together The following is an excerpt from a post by GreenPath regarding an study about the tie between physical abuse and financial abuse, by Susan Ladika/CreditCards.comm 26 September 2012 Abusers take control of their victims by saddling them with unwanted debt (credit cards, buying vehicles, houses or […]

Wells Fargo

Wells Fargo in Trouble Again & Again

According to an article in USA Today “Wells Fargo faces new accusations that it tried to capitalize financially on its customers without their permission — this time by allegedly modifying mortgage terms for people who had filed for bankruptcy protection. With the smoke still lingering from the firestorm that erupted from the bank’s opening of fake […]

mortgage lenders

Supreme Court Finds Debt Buyers Free to Collect on Old Debts

May 15, 2017: Resolving a split of circuits, the Supreme Court held 5/3 in Midland Funding LLC v. Johnson  6-348 (Sup. Ct. May 15, 2017) that a debt collector who files a stale claim that is “obviously” barred by the statute of limitations has not engaged in false, deceptive, misleading, unconscionable, or unfair conduct and […]

judgment debtor's examination

What is a Judgment Debtor’s Examination?

The following applies to Arizona lawsuits and collection rights. When a creditor sues and obtains a judgment there are several options available in order to collect on the judgment.  The one that is the most scary for the consumer is the “judgment debtor’s examination”.