Discharge vs Automatic Stay and Credit Reporting

The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code The Automatic Stay v. the Bankruptcy Discharge The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code deal with debt differently and this difference can become confusing for everyone, including experienced bankruptcy attorneys.  For instance, the legal status of a debt changes as a bankruptcy moves […]

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 […]

Some Defenses to Private Student Loan Collections

Student Loan Debt Rises to $1.5 TRILLION in May, 2018 There are two types of student loans – federal and private.  Federal loans have some protections for the lenders that private student loans do not.  Every month lawsuits are filed by the thousands, many that are invalid, but if the borrower does not respond the […]

Very Pissed Off Judge Slams Bank of America

One Very Pissed Off Judge Continues to Slam Bank of America In re Sundquist v. Bank of America, Case No. 10-35624 (Bankruptcy court, E.D. CA. 1/18/18) Bank of America, with a gun to the Sundquists’ heads… This motion to dismiss began as a hostage standoff. Bank of America, with a gun to the Sundquists’ heads, […]

UpRight Law, Kevin Chern Sanctioned for Unconscionable Harm to Clients

UPRIGHT LAW and KEVIN CHERN, partner, sanctioned for ‘unconscionable harm to clients’ Report from the Department of Justice, 2/13/18 – Law Solutions Chicago, doing business as “UpRight Law”,  UpRight’s managing partner Kevin Chern, and affiliated partner attorneys Darren Delafield and John C. Morgan Jr. were sanctioned hundreds thousands of dollars “for causing ‘unconscionable’ harm to […]

What is a Proof of Claim in a Bankruptcy?

Every bankruptcy case has creditors. Some creditors may be paid through the bankruptcy, others are not so lucky. Some creditors are secured against collateral, such as a car or house; while others are unsecured, such as a credit card or medical bill; others are priority claims such as taxes, child support or alimony.

Reverse Mortgage Nightmare – Why Seniors Are Losing Their Homes

Federal analysis shows reverse mortgage foreclosures are on the rise. The problem, say advocates, is that many senior homeowners don’t understand the fine print in a reverse mortgage. Some wrongly assume the lender will pay the taxes and insurance. But fall behind on those payments or fail to maintain the home, and the lender can […]

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 […]

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 […]