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 »

Personal Injury and Bankruptcy

If you have been in an accident or injured at work, it can all cause financial difficulties.  A bankruptcy during your personal injury case can relieve the pressure of harassing creditors and help you focus on your recovery and personal injury case.  Federal bankruptcy exemptions allow you to keep all or part of the proceeds of a personal injury case … Continue reading »

Divorce and Bankruptcy: Protect Yourself

When you are going through a divorce, you have to think about your financial future.  A bankruptcy lawyer can help you protect your finances and your property.  Even if the divorce decree says that your ex-spouse is supposed to pay the debts, your creditors can still sue you for those debts because this is a community debt state.  The question … Continue reading »

Divorce and Bankruptcy

What is the most important thing that you need to know about divorce and bankruptcy in Washington State?  This is a community property state. In a community property state there are really three parties to your marriage: you, your spouse, and the marital community.  The marital community is made up all of your assets and liabilities.  Any property that you … Continue reading »

Bankruptcy Remote Entities: What Not To Do

Case Commentary: CRM Collateral II, Inc. v . Tricounty Metro. Trans., 2012 WL 164537 (9th Cir. 2012). Of the many pitfalls to creating a bankruptcy remote entity, failing to make the entity actually bankruptcy remote is the most basic and the greatest.  The purpose of a bankruptcy remote entity (“BRE”) is to segregate risk, in the event that the principal … Continue reading »

Mortgage Modification and Quiet Title Strategies

Newell v. Wells Fargo Bank, N.A., 2012 WL 27783 (N.D.Cal 2012) The Debtors sought to set aside the foreclosure on their home and quiet title to their mortgage.  Both the bankruptcy court and the federal district court ruled against the Debtors.  The Debtors’ appear to have bought into one of the many “get your house for free legal strategies.”  You … Continue reading »