Why Choose Chapter 13? When filing for bankruptcy you must know whether you are filing for a Chapter 7 bankruptcy or a Chapter 13. There are many differences between the two for they are configured for people in different situations. Chapter 7 bankruptcy is designed for people without a steady income and who do not [...]

How to Find the Owner of Your Mortgage posted by Katie Porter Concerns continue about parties filing foreclosures when they do not own the note. Florida recently enacted a rules requiring plaintiffs in foreclosure to verify ownership of the note. (Here’s a brief article on the rules, with the original subheading “Bankers Don’t Like It”). While these concerns [...]

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Aurora v. Riggs This case is from the Fourth District of Florida.  It requires the bank to be able to prove (with an audit trail) that it actually is the correct plaintiff. O. Max Gardner’s analysis is as follows : This decision is extremely important and should be utilized in all foreclosure matters whether in [...]

Bankruptcy is now even more of a solution for many people than ever before.  Job loss, divorce or medical debt account for the great majority of  filings.  Chapter 7 or fresh start is the bankruptcy of choice for many people although a Chapter 13 bankruptcy can do more for those clients that need that type [...]

Being poor becomes additionally difficult through a variety of laws. Is It Now a Crime to Be Poor? NY Times By BARBARA EHRENREICH In defiance of all reason and compassion, the criminalization of poverty has actually been intensifying as the recession generates ever more of it. http://www.nytimes.com/2009/08/09/opinion/09ehrenreich.html

New York Times                EDITORIAL As Foreclosures Surge … Published: May 3, 2009 The Obama administration sat by last week as 12 Senate Democrats joined 39 Senate Republicans to block a vote on an amendment that would have allowed bankruptcy judges to modify troubled mortgages. Related Times Topics: Foreclosures [...]

Lincoln lore at Law Day Luncheon By Karen Florin Published on 5/2/2009 in The Day    Frank J. Williams, recently retired chief justice of the Rhode Island Supreme Court, regaled a gathering of local attorneys and judges Friday with stories of a lawyer who had everything it takes. The attorney was a good negotiator and [...]

Negotiations Continue on Bill Allowing Judicial Modification of Mortgage Terms April 17, 2009 by senatus Senate Democrats “are negotiating with a handful of the nation’s largest banks and some credit unions to limit a controversial bill allowing judges to write down the value of home mortgages,” The Hill reports. After passing the House in March, [...]

Don’t pay for something that you can do for yourself. Settling with creditors works best if you have a lump sum of money to offer the creditors. do not send money until you have the settlement offer in writing then send your payment certified mail and get a copy of the check after it has [...]