Chapter 13 is a reorganization for consumers. It as several purposes, some of which are curing the arrears on a home, paying off a vehicle, paying back taxes and child support.

“The Dog Ate My Computer” Argument by Chapter 13 Debtor

In re Hindra v. Dockery, US Trustee & Deutsche Bank, BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29, 2019) In 2016  Etta Hindra filed a chapter 13 bankruptcy and everything went downhill from there.  She did not file the proper documents, meet deadlines or pay the amounts necessary in order to cure the arrears owed to her […]

The Perils of Bankruptcy Filing by an Undocumented Person

By Richard J. Parker: Shareholder in Parker, Butte, & Lane, P.C. (reprinted with permission of the author, December, 2017) Immigration status is a complex legal issue for anyone not born in the USA. While some people born overseas are still U.S. citizens at birth, there are some hoops to jump through that do not exist […]

Chapter 13 Rules in Arizona Change December 1, 2017

Local Rules 2084 Chapter 13 Model Plan According to the Arizona Bankruptcy Court the failure rate of those who file their own chapter 13 cases (without an experienced chapter 13 attorney) is over 98%.

“Life in the Sweatbox” Before Bankruptcy

Pamela Foohey, Indiana University Maurer School of Law Robert M. Lawless, University of Illinois College of Law Katherine M. Porter,  University of California – Irvine School of Law Deborah Thorne,  University of Idaho Date Written: February 20, 2018  94 Notre Dame Law Review __ (forthcoming 2018) Abstract The time before a person files bankruptcy is sometimes called the […]

Ten Things You Need to Know Before Filing Bankruptcy

Bankruptcy is a tool.  Any tool can be misused which can cause serious damage.  Just ask the idiot who sticks a fork in a live electrical socket.

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 & Servicers Are Not Your Friend

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 their homes are subject to a campaign […]

Typical Foreclosure and bankruptcy con artist scam

Innocent homeowner caught in bankruptcy scam “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 of forms and missed deadline. I accepted the fact I […]

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 […]

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 […]