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The Debt Podcast 
Hosted by Jay S. Fleischman, a bankruptcy and consumer lawyer located in New York City. Information and news designed to help you learn more about bankruptcy, debt relief, and consumer credit options.
Post Frequency: 4.9/day Last Entry: November 23, 2010 at 18:33:08 Recent Entries: 1537
Go to The Debt Podcast, find other Bankruptcy blogs, or browse all law blogs.
Mortgage Modification in Bankruptcy Bill to House Floor Wednesday
Posted on February 24, 2009HR200, a bill pending in Congress to allow for mortgage modification in chapter 13 bankruptcy, may be brought to the floor of the House of Representatives by Wednesday or Thursday of this week. Supporters should call or fax their members of Congress today or tomorrow...
Bankruptcy and Foreclosure Defense Opens New Daytona Beach Office
Posted on February 24, 2009Parker & DuFresne, P.A., a law firm concentrating in the areas of consumer bankruptcy and foreclosure defense, announces the opening of its new office in Daytona Beach. ?For months, Daytona Beach residents would drive 90 minutes to our Jacksonville office for a consultation, so we knew there was a need that wasn?t currently being met in [...
President Obama, The Bankruptcy Code and Leadership
Posted on February 24, 2009If there is one thing that the Obama Administration can already claim is its ability to take unchartered directions quickly on issues that it deems important. Yet, in his first month as President he has failed to tackle the most pressing issue this Country is facing, Foreclosures...
Buying A House After Filing Bankruptcy
Posted on February 24, 2009When can I buy a house after filing bankruptcy? As a bankruptcy attorney, many of my clients are concerned that once they file bankruptcy they won?t be able to buy a house. Or at least they won?t be able to do so for the ten years a chapter 7 bankruptcy stays on their credit report...
Destruction of Bank Statements No Grounds for Denial of Discharge, Massachusetts Court Rules
Posted on February 24, 2009A Massachusetts bankruptcy court recently ruled that a chapter 7 debtor’s destruction of his bank statements was insufficient grounds to deny him a discharge under sections 727(a)(3) or 727(a)(4)(D) of the bankruptcy code. The debtor in In re Hegarty, 2008 WL 5246475 (Bky...
Chapter 13 Bankruptcy: What Gets Paid to the Unsecured Pot in the Ninth Circuit?
Posted on February 24, 2009Under the old laws, Chapter 13 payments were not that difficult to figure out. Reasonable monthly expenses were subtracted from monthly net income to arrive at a monthly disposable income figure, which then gets paid for 36 to 60 months, paying off secured, priority, and unsecured claims to the extent possible...
At Least We Don?t Have Debtors? Prisons?.
Posted on February 24, 2009This New York Times article describes how foreigners are now fleeing Dubai to avoid debtors’ prison. Dubai’s economy, heavily reliant on real estate, is crashing and as many as 3,000 cars are purportedly abandoned at Dubai Airport, left behind by “fleeing, debt-ridden foreigners...
How do I know I need to file bankruptcy?
Posted on February 24, 2009Just like banks say that they don't want to file foreclosures, people don't want to file bankruptcy either. What are the warning signs that you need to file for bankruptcy?
The proposed bankruptcy amendment will even help those who don?t want to file
Posted on February 24, 2009Many of my foreclosure defense clients would be fine financially if it were not for their foreclosure. They are current on car payments and credit card bills. But for their awful mortgage situation, they would never consider filing a bankruptcy. The good news is that, if Congress passes the Helping Families Save Their Homes in [...
House to Vote Thursday on Revised Bill for Mortgage Modification in Bankruptcy
Posted on February 24, 2009A new bill, H.R. 1106 to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability, has been introduced in the U.S. House of Representatives and is scheduled for a vote on the floor Thursday. The sections for mortgage modification in chapter 13 bankruptcy are in the first part of the bill...
Creditor Reaffirmation Attorney?s Fees Disallowed
Posted on February 24, 2009This past December, Bankruptcy Judge Deasy of the District of New Hampshire decided In re Porter, 399 B.R. 113 (Bkrtcy.D.N.H. 2008). The debtor and home mortgage servicer in the case had submitted a reaffirmation agreement which added only one new provision to those of the original loan: that the debtor be liable for $350 [...
Some Consumer Debts Incurred after a Chapter 13 Filing Can be Included in Your Plan
Posted on February 24, 2009“Consumer debts” incurred after you file a chapter 13 case that are “necessary for the debtor’s performance under the plan” can be included in your bankruptcy case. With chapter 13 plans requring payments for up to five years, it is likely that, while your case is pending, you may incur additional debts...
President Obama, The Bankruptcy Code and Leadership
Posted on February 23, 2009If there is one thing that the Obama Administration can already claim is its ability to take unchartered directions quickly on issues that it deems important. Yet, in his first month as President he has failed to tackle the most pressing issue this Country is facing, Foreclosures...
Mortgage Modification in Bankruptcy Bill to House Floor Wednesday
Posted on February 23, 2009HR200, a bill pending in Congress to allow for mortgage modification in chapter 13 bankruptcy, may be brought to the floor of the House of Representatives by Wednesday or Thursday of this week. Supporters should call or fax their members of Congress today or tomorrow...
Bankruptcy and Foreclosure Defense Opens New Daytona Beach Office
Posted on February 23, 2009Parker & DuFresne, P.A., a law firm concentrating in the areas of consumer bankruptcy and foreclosure defense, announces the opening of its new office in Daytona Beach. ?For months, Daytona Beach residents would drive 90 minutes to our Jacksonville office for a consultation, so we knew there was a need that wasn?t currently being met in [...
Buying A House After Filing Bankruptcy
Posted on February 22, 2009When can I buy a house after filing bankruptcy? As a bankruptcy attorney, many of my clients are concerned that once they file bankruptcy they won?t be able to buy a house. Or at least they won?t be able to do so for the ten years a chapter 7 bankruptcy stays on their credit report...
Chapter 13 Bankruptcy: What Gets Paid to the Unsecured Pot in the Ninth Circuit?
Posted on February 21, 2009Under the old laws, Chapter 13 payments were not that difficult to figure out. Reasonable monthly expenses were subtracted from monthly net income to arrive at a monthly disposable income figure, which then gets paid for 36 to 60 months, paying off secured, priority, and unsecured claims to the extent possible...
Destruction of Bank Statements No Grounds for Denial of Discharge, Massachusetts Court Rules
Posted on February 21, 2009A Massachusetts bankruptcy court recently ruled that a chapter 7 debtor’s destruction of his bank statements was insufficient grounds to deny him a discharge under sections 727(a)(3) or 727(a)(4)(D) of the bankruptcy code. The debtor in In re Hegarty, 2008 WL 5246475 (Bky...
How do I know I need to file bankruptcy?
Posted on February 20, 2009Just like banks say that they don't want to file foreclosures, people don't want to file bankruptcy either. What are the warning signs that you need to file for bankruptcy?
The proposed bankruptcy amendment will even help those who don?t want to file
Posted on February 20, 2009Many of my foreclosure defense clients would be fine financially if it were not for their foreclosure. They are current on car payments and credit card bills. But for their awful mortgage situation, they would never consider filing a bankruptcy. The good news is that, if Congress passes the Helping Families Save Their Homes in [...
At Least We Don?t Have Debtors? Prisons?.
Posted on February 20, 2009This New York Times article describes how foreigners are now fleeing Dubai to avoid debtors’ prison. Dubai’s economy, heavily reliant on real estate, is crashing and as many as 3,000 cars are purportedly abandoned at Dubai Airport, left behind by “fleeing, debt-ridden foreigners...
Judges on Judicial Mortgage Modification Bill
Posted on February 17, 2009Judicial Mortgage Modification has cleared the House Judiciary Committee. Bankruptcy Judges have sent a letter seeking more exact wording, so that they will know what Congress intended. This is not an endorsement of the legislation, only some good questions about what exactly Congress means...
Connecticut Bankruptcy Filings Up 66% -
Posted on February 16, 2009A new report by The Warren group shows that Connecticut’s personal bankruptcy filings increased by 66 percent last year over 2007 figures. This parallels increases around the country. 5,676 filings were recorded in 2008 for Chapter 7 bankruptcy protection in Connecticut, compared to 3,417 in 2007...
Must I pay my creditors in less than 5 years in a chapter 13 case?
Posted on February 16, 2009Must creditors be paid in less than 5 years in a 100% chapter 13 plan? We don't yet know.
Nine Questions to Ask a Debt Negotiation Company
Posted on February 16, 2009Settling your debts through negotiation sounds like a good idea short of bankruptcy. It rarely works out that way if you have a lot of debt compared to your current income. Most debt negotiators operate on a specific idea: You will save up the money to make a settlement offer to each lender in turn until [...
Why Are the Mortgage Industry?s Objections to the ?Helping Families Save Their Homes in Bankruptcy Act of 2009? Wrong?
Posted on February 15, 2009The mortgage industry is putting huge amounts of money behind their efforts to defeat the ?Helping Families Save Their Homes in Bankruptcy Act of 2009?. The industry (which got us into what has mushroomed into a world-wide financial collapse) and their supporters are warning of dire consequences if the legislation that will allow Chapter 13 [...
New Massachusetts Bankruptcy Judge Begins Work
Posted on February 15, 2009The Bankruptcy Law Network welcomes new Massachusetts Bankruptcy Judge Frank J. Bailey. Judge Bailey is a former commercial litigator with the firm of Sherin and Lodgen LLP in Boston and was appointed in October 2008 (link requires PDF Reader) to fill the spot vacated by Judge Somma...
8th Circuit Bankruptcy Appellate Panel Upholds Pre-Bankruptcy Planning Decision
Posted on February 14, 2009On December 8, 2008, the 8th Circuit Bankruptcy Appellate Panel upheld Judge Berry’s decision, In re Wilmoth. Judge Berry held and the Bankruptcy Appellate Panel agreed that without extrinsic evidence of fraud the mere fact that paying approximately $140,000 towards the debtors’ primary mortgage within weeks of filing bankruptcy was not intentional to delay, hinder [...
Judicial Mortgage Modification Bill Leaves Unanswered Questions for Bankruptcy Practitioners
Posted on February 12, 2009San Francisco bay area bankruptcy attorney Cathy Moran brainstormed with her fellow bankruptcy practitioners today to discuss how judicial modification of home mortgages will work in chapter 13 bankruptcy if pending legislation becomes law. Moran compiled a list of questions: What is the risk premium for interest rates? Is the modification binding if the Chapter 13 is [...
What You Need to Know About Suze Orman
Posted on February 11, 2009Yesterday’s James Scurlock piece in Slate on what you really need to know about Suze Orman struck a lot of chords with me. This, for example, on the reasons people file bankruptcy: Although study after study has shown that personal bankruptcies are caused primarily by catastrophic events like divorce, job loss, and, above all, medical bills [...
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New Jersey Legal Update - Podcast # 57
This week's New Jersey Legal Update podcast will address federal l...
New Jersey Legal Update - Podcast # 53
This week's New Jersey Legal Update podcast will discuss the landm...
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Collection Agencies and Creditors
How to deal and stop the harassment
Bankruptcy Law
A complete prime (pre-2005)
The Paulson Toxic Mortgage Debt Security Act: The Biggest Government Bailout of All Time
Legislative Proprosal for Treasury Authority to Purchase Mortgage-related Assets
Emergency Economic Stabilization Act of 2008
Bailout Bill HR124
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
If I unknowingly cash a fictitious check, am I responsible to repay the bank?
Definitely, please go to court! Those crooks should be behind bars!...
Some elses debt is being reported by a bank to the crecit agencies. They know and have ackowledged it is not mine, yet it is still being listed as mine. it was my son's and no I didn't co-sign. It is adversly
It is easy for the bank and the credit reporting agencies to clear this confusio...
Am I obligated to pay on a home equity line of credit that has been discharged through chapter 7?
The reaffirmation is done through the payments you have been making to the compa...
A month or so ago I was with some new people I met, and one of them asked me to cash a couple of checks he had, that he couldn't cash because he didn't have a bank account or a driver's liscence. I didn�
If the call was from your bank it may mean that the checks were bad. You may hav...
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If I unknowingly cash a fictitious check, am I responsible to repay the bank?
Definitely, please go to court! Those crooks should be behind bars!...
Some elses debt is being reported by a bank to the crecit agencies. They know and have ackowledged it is not mine, yet it is still being listed as mine. it was my son's and no I didn't co-sign. It is adversly
It is easy for the bank and the credit reporting agencies to clear this confusio...
Am I obligated to pay on a home equity line of credit that has been discharged through chapter 7?
The reaffirmation is done through the payments you have been making to the compa...
A month or so ago I was with some new people I met, and one of them asked me to cash a couple of checks he had, that he couldn't cash because he didn't have a bank account or a driver's liscence. I didn�
If the call was from your bank it may mean that the checks were bad. You may hav...
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