US Trustee Investigation of Mortgage Servicing in Bankruptcy

In re Subpoena Duces Tecum, 461 B.R. 823 (C.D.Cal. 2011) – Investigation of Mortgage Servicers Oftentimes debtors think of the US Trustee as someone who is monitoring them.  It is easy to forget that the US Trustee’s Office role is to oversee and administer the entire bankruptcy system.  This includes overseeing the conduct of creditors.  When creditors abuse the provisions … Continue reading »

Injunctive Relief After The Expiration of the Automatic Stay

The automatic stay is one of the biggest reasons Debtors file bankruptcy.  It provides repose from the ongoing harassment of creditors.  More importantly, it allows Debtors to reorganize their affairs and to preserve their property.  Unfortunately, the automatic is subject to abuse.  Some people will engage in a pattern of filing a bankruptcy, seeing it dismissed, and refilling.  Sometimes though, … Continue reading »

Vaccinations and the Free Exercise Clause of the First Amendment

A mother in Queens New York is suing to overturn the New York City School System’s policy of requiring vaccinations for all students.  (New York Daily News – February 8, 2012)  This is not the usual Jenny McCarthy vaccinations cause autism claptrap.  Instead, this comes in the guise of religious freedom.  The New York Daily News that one parent, Nicole … Continue reading »

For Profit Student College Student Loans In Bankruptcy

The treatment of student loans in bankruptcy is one of the most challenging topics for a debtor.  As a general rule, student loans cannot be discharged in bankruptcy unless the debtor proves that paying them is an undue hardship. The Debtor is required to prove undue hardship using the three part Brunner Test: (1) That the debtor cannot maintain, based … Continue reading »

TILA Rescission: Understanding the Return of Proceeds Requirement

The Truth in Lending Act (“TILA”) has been widely touted as a way for a homeowner to defeat foreclosure and to even wipe out their entire mortgage.  TILA is a very powerful consumer protection statute; however, it is extremely unlikely that TILA will wipeout your mortgage.  This is an area where you should be very careful, because some mortgage rescue … Continue reading »