Bankruptcy

If Only You Knew?

Posted on August 13, 2009
Let's assume that you work for a company and things are not going well.  You start negotiating a severance.  Does the employer have an obligation to share with you its intention to seek bankruptcy protection?  Maybe.  If you ask.  But what if you don't ask?  What if they don't tell?  ...

A Discussion About ?Professional Courtesy?

Posted on August 12, 2009
A few months ago, I terminated representation of a particular client.  There are many reasons representation ends ? and from a factual standpoint, they are no one?s business except me and the client.  The reasons for that are quite simple: I am duty bound to keep the confidences of my ...

Proactive v. Reactive: Start Talking

Posted on July 29, 2009
It can be difficult to deal with oppressive debt, especially when it can feel that there are no options.  It can leave you feeling embarrassed and vulnerable.  When it comes to older folks, that embarrassment and vulnerability can be heightened for a variety of reasons...

?Extend and Pretend? Doth Not A Modification Make

Posted on July 29, 2009
Today?s editorial in USA Today chides lenders for playing the ?extend and pretend? game with mortgage modifications.  The piece is one of the first of what I hope is a larger chorus of supporters of amending the Bankruptcy Code to permit modifications on residences...

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Unintended Consequences in Estate Planning

Posted on July 29, 2009
Remember yesterday when I discussed talking to your parents about their debt?  I think it?s important for families to start talking.  I also think it may be important for parents to speak to their adult children about debt, especially when you hear what happened to a client of mine...

Reactive vs. Proactive

Posted on July 24, 2009
I?ve mentioned that sometimes it?s better to proactive than reactive.  Being proactive is calling a bankruptcy attorney when you sense that the barn out back may be a fire hazard.  Being reactive is calling a bankruptcy attorney when the barn is burning, you can?t remember where you put the garden ...

NY AG Seeks to Vacate 100,000 Judgments

Posted on July 23, 2009
Way back in 2005, I wrote about a need to reform our state rules on returns of service.  You'll find that article here.  In August of 2006, then Mass. Bar Association President Warren Fitzgerald wrote a column in the Boston Globe also calling for reform based on the failure of ...

Thinking About a Consult?

Posted on July 23, 2009
Today, as I found myself on the phone repeating myself - a lot.  It then occurred to me that I could probably explain how our consult process works here on the website.  In other words, how do you get from reading this website and digesting the information to getting some ...

Feeds

Posted on July 23, 2009
I've learned that some readers who have signed up for the RSS fees or email updates may not be receiving new posts as they appear.  We're working on the issue - and we should have it fixed soon. -Bill

Things I Won?t Do

Posted on July 23, 2009
Among the many reasons why I blog on this site is to give people a perspective of me that will help them decide whether I am the right attorney for them.  Sometimes the things I write about concern my legal expertise in bankruptcy, and other times, I blog about my ...

Property Insurance and Chapter 13

Posted on July 23, 2009
If you're thinking about Chapter 13, it's important for you to know that your real property (real estate) must be insured.  Increasingly, I am finding that homeowners are allowing their policies to lapse.  This poses a problem - especially for debtors who wait until the last ...

July 4, 2009

Posted on July 23, 2009
On February 9, 1775 the English Parliament declared Massachusetts to be in a state of rebellion.  Several weeks later, on March 23rd, Virginia lawyer Patrick Henry attended a meeting of the colony's House of Delegates held at St. John's Church in Richmond...

?20 Months Too Late?: Let?s Start Rethinking Mortgage Modifications in Chapter 13

Posted on July 23, 2009
I've been thinking about yesterday's blog entry.  When I first read the First Circuit decision, I wondered why the case was brought.  Here was a homeowner arguing that a mere technical violation of TILA would enable him to rescind a mortgage that he signed 20 months prior...

20 Months Too Late

Posted on July 23, 2009
When a homeowner refinances their mortgage, the lender must give certain notices under the federal Truth in Lending Act, also referred to as TILA.  For a number of good reasons, homeowners must be given a notice that informs them of their rights to rescind their mortgage...

We?re on Facebook!

Posted on July 23, 2009
Readers know about my hesitancy about getting on the Twitter bandwagon.  I'm still questioning its usefulness for bankruptcy attorneys like me.   Certainly, Twitter's role in getting out information out of Terhan this past week has demonstrated its usefulness...

Wondering What a Bankruptcy Attorney Really Does?

Posted on July 23, 2009
Thursday I was in Bankruptcy Court waiting for my client's case to be called.  Before the judge took the bench, a gentleman sat behind me and tapped me on the shoulder. "You a bankruptcy lawyer?" he asked. "I am." "How easy is it for me to convert my case from Chapter 13 to ...

This is Suze Orman...

Posted on February 10, 2009
Last fall I shared my thoughts about Dave Ramsey. The blog article brought in more comments than I usually get. I've had my eye on Suze Orman ever since I happened to catch her CNBC show over the holidays. James Scurlock has written an article over at Slate...

This is Suze Orman...

Posted on February 10, 2009
Last fall I shared my thoughts about Dave Ramsey. The blog article brought in more comments than I usually get. I've had my eye on Suze Orman ever since I happened to catch her CNBC show over the holidays. James Scurlock has written an article over at Slate...

As the Economy Turns...

Posted on January 28, 2009
Today, my Bankruptcy Colleague and fellow-blogger Jonathan Ginsberg wrote about The Psychology of Debt Collection: Avoid the Manipulation. The Boston Globe reports that the Massachusetts Attorney General has filed a bill to slow down foreclosures. But the legislation would only protect those in "risky" loans...

As the Economy Turns...

Posted on January 28, 2009
Today, my Bankruptcy Colleague and fellow-blogger Jonathan Ginsberg wrote about The Psychology of Debt Collection: Avoid the Manipulation. The Boston Globe reports that the Massachusetts Attorney General has filed a bill to slow down foreclosures. But the legislation would only protect those in "risky" loans...

Another Foreclosure Workshop Planned

Posted on January 27, 2009
From the Boston Globe: The Federal Reserve Bank will sponsor a second workshop aimed at preventing foreclosures by bringing borrowers and lenders together to find alternatives. The workshop, scheduled for February 14 at the Connecticut Convention Center in Hartford, is modeled after a successful event held at Gillette Stadium in Foxborough in August...

Another Foreclosure Workshop Planned

Posted on January 27, 2009
From the Boston Globe: The Federal Reserve Bank will sponsor a second workshop aimed at preventing foreclosures by bringing borrowers and lenders together to find alternatives. The workshop, scheduled for February 14 at the Connecticut Convention Center in Hartford, is modeled after a successful event held at Gillette Stadium in Foxborough in August...

Monday's News...

Posted on January 26, 2009
There's so much going on in the news that it almost seems silly to repost it here. But I did come across a few items that I wanted to share. In the UK, Debt Collectors are ?getting heavy.? A plan to let homeowners modify their mortgages in bankruptcy may lower foreclosure rates by as much as 20 percent...

Monday's News...

Posted on January 26, 2009
There's so much going on in the news that it almost seems silly to repost it here. But I did come across a few items that I wanted to share. In the UK, Debt Collectors are ?getting heavy.? A plan to let homeowners modify their mortgages in bankruptcy may lower foreclosure rates by as much as 20 percent...

Before Foreclosure Rescue Scammers Start Knocking...

Posted on January 23, 2009
I came across an interesting story (and video) over at CNBC.com: Fraud at your Front Door which discusses foreclosure rescue scam artists who are knocking at the front door of homeowners facing foreclosure. I have met clients who have told me they have been approached by individuals how have been at their doors offering assistance...

Before Foreclosure Rescue Scammers Start Knocking...

Posted on January 23, 2009
I came across an interesting story (and video) over at CNBC.com: Fraud at your Front Door which discusses foreclosure rescue scam artists who are knocking at the front door of homeowners facing foreclosure. I have met clients who have told me they have been approached by individuals how have been at their doors offering assistance...

Student Loans: The Financial Shackles of Higher Education

Posted on January 20, 2009
Debtors with student loans have an often insurmountable burden in proving their loans are dischargeable in bankruptcy. Section 523(a)(8) requires them to show that the loans are an undue hardship and an example of how the definition of ?undue hardship? lacks any common sense can be found here...

Student Loans: The Financial Shackles of Higher Education

Posted on January 20, 2009
Debtors with student loans have an often insurmountable burden in proving their loans are dischargeable in bankruptcy. Section 523(a)(8) requires them to show that the loans are an undue hardship and an example of how the definition of ?undue hardship? lacks any common sense can be found here...

As the Economy Sinks, Bad Debt Collectors Rise to the Surface

Posted on January 16, 2009
The pace of foreclosures has been slow since there?s a moratorium on Freddie Mac and Fannie Mae mortgages. That however, is not stopping collectors for other consumer debts getting more aggressive. Today?s Boston Herald reports that credit card delinquencies are on the rise, and collection agencies may be stepping up their collection efforts, and even crossing the line...

As the Economy Sinks, Bad Debt Collectors Rise to the Surface

Posted on January 16, 2009
The pace of foreclosures has been slow since there?s a moratorium on Freddie Mac and Fannie Mae mortgages. That however, is not stopping collectors for other consumer debts getting more aggressive. Today?s Boston Herald reports that credit card delinquencies are on the rise, and collection agencies may be stepping up their collection efforts, and even crossing the line...

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