BankruptcyBill.us

BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter is an attorney licensed in Wisconsin and New York.  He speaks Japanese and focuses on comparative and international law, as well as international business.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

(In reverse order!)

GENERAL

American Bankruptcy Institute (ABI) Bankruptcy Blog Exchange

• Shortcomings of Credit CARD Act
• New Consumer Credit Card Rules Take Effect
• Eighty Percent Interest on a Credit Card
• ¡MORE!

Bankruptcy Law Network

• How Will The New Credit Card Laws Affect Me?
• Will New Credit Card Rules Cause a Spike in Bankruptcy?

CreditSlips.org

• Reflections on Credit CARD Act Day

Consumer Law & Policy Blog

• New Credit Card Law Effective Tomorrow (Monday, February 22)

WISCONSIN

Jamie Miller, Esq. (Miller & Miller, LLC) – Milwaukee Bankruptcy Attorney Blog (Milwaukee, WI)

• Soon You Will Really Know What It Really Takes to Pay Off Your Credit Card Debt

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.*** (more…)

BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter is an attorney licensed in Wisconsin and New York (he’s celebrating Day 2 of his New York license by providing you with more BLT).  He speaks Japanese and focuses on comparative and international law, as well as international business.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

(We begin from the middle!…)

GENERAL

CreditSlips.org

• The Other Underwater Loans: Negative Equity in Auto Finance
• Calling All Article 9 Supernerds—Negative Equity and State Law

Consumer Law & Policy Blog

• Car Sales Plummet after Cash-for-Clunkers Program Ends

National Association of Consumer Bankruptcy Attorneys (NACBA)

• Eighth Circuit Allows Debtor to Claim Vehicle-Ownership Expense for Wholly-Owned Vehicle

NEVADA

Haines & Krieger (Las Vegas, NV)

• Five Warning Signs That You Are Headed for Bankruptcy
• Bankruptcy Myths

Black & LoBello Law Blog (Las Vegas, NV)

• Bankruptcy FAQ

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.*** (more…)

BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter is an attorney licensed in Wisconsin and very soon in New York (January 13, 2010!).  He speaks Japanese and focuses on comparative and international law, as well as international business.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

GENERAL

Bankruptcy Case Blog – St John’s University Law School

• Means Test Does Not Apply to Individual Chapter 11 Cases

Bankruptcy Law Network

• What is “Median family income” and why do I care? One of a series
• Should My Schedule I Income Always Match my Means Test Income Numbers?

ALABAMA

Collins & Hancock – Alabama Bankruptcy Blog (Cullman, AL)

• Do I Qualify to File a Chapter 7 Bankruptcy in Alabama under the “New” Bankruptcy Laws?

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.*** (more…)

BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of  consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter is a licensed attorney in Wisconsin and soon in New York (January 13, 2010!).  He speaks Japanese and focuses on comparative and international law, as well as international business.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

GENERAL

National Bankruptcy Forum

• Why Chapter 13 Bankruptcy Has Your Second Mortgage Lender Feeling “Undersecured”

Bankruptcy Law Network

• No Modification for You!

Consumer Law & Policy Blog

• HAMP Homeowners Stuck in Limbo

ALABAMA

Watts Law Group, P.C. and M. Stan Herring, P.C. – Alabama Consumer Law Blog (Birmingham, AL)

• Washington Post Article about DC Lawyer Writes about Foreclosure Defenses
• A Tragic Tale of a Mortgage Loan That Should Never Have Been And the Devastation It Caused a Family

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.*** (more…)

• Click here to tell the ABA Journal if you think the Bankruptcy Bill site (including the Bankruptcy Bill and BAPCPA Man cartoons, bankruptcy haiku and the “Bankruptcy Lover” song) should be included in the Top 100 law blogs:  http://www.abajournal.com/blawgs/blawg100_submit Deadline is October 2.
  

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here to see BAPCPA Man #7 – BAPCPA Man vs. Mortgantua – Part 1, and here for all previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

More information on MORTGAGES, FORECLOSURE and LOAN/MORTGAGE MODIFICATION:

Here’s a nice “infographic” on the steps in the Foreclosure Process in Nevada made available in PDF format by the Legal Aid Center of Southern Nevada.  And if you’re just looking for bankruptcy information, here’s a helpful bankruptcy link.

Below are some useful posts from bankruptcy lawyer blogs on the topics of mortgages, foreclosure, loan modification and the Making Homes Affordable Program.  (Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs. And get in touch if you have a blog and don’t see it listed.)

George Haines, Esq. and David Krieger, Esq. (Haines & Krieger) (Las Vegas, NV)

• Do you qualify for a loan modification?
• Should I intentionally miss mortgage payments to qualify for loan modification?
• Loan Modification: The NOT Making Homes Affordable Program
• Nevada has highest foreclosure rate in the U.S. for 31st straight month
• What’s so great about foreclosure mediation?

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Brooklyn Judge gives New York homeowners a fighting chance against foreclosure
• New York foreclosures likely to continue as ARMs begin to re-set over next 4 years
• Can I keep my home if I file for bankruptcy in New York?
• Subprime loan modification companies

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• Why I Won’t Negotiate Loan Modifications
• Many New York Foreclosure Suits Are Dismissed Because They Are Defective
• Is a Short Sale a Reasonable Alternative to Foreclosure on Long Island?

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Loan Modification Myths Busted
• If I Do Not Reaffirm My Mortgage in Chapter 7, Do I Automatically Lose Title to my House?

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Mortgage Modification in Chapter 13 Bankruptcy
• Selling Your Home When You’re Broke
• Congress Passes Anti-Foreclosure Bill

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

Below are some helpful posts from bankruptcy lawyer blogs on the topics of mortgages, foreclosure, loan modification and the Making Homes Affordable Program.  Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs.  (And get in touch if you have a blog and don’t see it listed.)

Update 9.10.09: There’s a great piece on NPR about foreclosures and the black-box decision making process regarding loan modifications (”Major Banks Still Grappling with Foreclosure“).  At one point, there’s a clip of reporter Chris Arnold in the Bank of America call center, listening over the shoulder of a call center rep who tells a homeowner they’re not eligible for a loan modification.  Arnold questions the rep and receives a not so satisfying explanation.  The issue is raised with the supervisors and it turns out the homeowner was in fact eligible for a loan modification.  How frequently is this scenario replaying itself?

George Haines, Esq. and David Krieger, Esq. (Haines & Krieger) (Las Vegas, NV)

• Do you qualify for a loan modification?
• Should I intentionally miss mortgage payments to qualify for loan modification?
• Loan Modification: The NOT Making Homes Affordable Program
• Nevada has highest foreclosure rate in the U.S. for 31st straight month
• What’s so great about foreclosure mediation?

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Brooklyn Judge gives New York homeowners a fighting chance against foreclosure
• New York foreclosures likely to continue as ARMs begin to re-set over next 4 years
• Can I keep my home if I file for bankruptcy in New York?
• Subprime loan modification companies

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• Why I Won’t Negotiate Loan Modifications
• Many New York Foreclosure Suits Are Dismissed Because They Are Defective
• Is a Short Sale a Reasonable Alternative to Foreclosure on Long Island?

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Loan Modification Myths Busted
• If I Do Not Reaffirm My Mortgage in Chapter 7, Do I Automatically Lose Title to my House?

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Mortgage Modification in Chapter 13 Bankruptcy
• Selling Your Home When You’re Broke
• Congress Passes Anti-Foreclosure Bill

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

341 Meeting of Creditors

Here are some blog posts by real bankruptcy lawyers on the topic of the 341 Meeting of Creditors:

Bruce Weiner, Esq. (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• What will happen at my 341 meeting of creditors in New York? by

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• How Much Should You Say at the Meeting of Creditors in Bankruptcy Court?
• Will Creditors Show Up for My Hearing in Bankruptcy Court?

Law Office of Gregory A. Holbus, Esq. – Wisconsin Bankruptcy Blog (Green Bay, WI)

• What happens if I file?  Do I have to go to Court?

George Haines, Esq. of Haines & Krieger (Las Vegas, NV)

• What happens during a Chapter 13 bankruptcy?

*BAPCPA Man would like to offer a special thanks to Eugene S. Melchionne – Connecticut Bankruptcy (Waterbury, CT) for his recent donation to the site.  Eugene, by the way, is currently serving as President of the Bankruptcy Law Network.

*Click here for  Bankruptcy Bill’s state-by-state list of bankruptcy lawyers with blogs.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

(Click image to see earlier sketch version on Gideon Kendall’s blog.)

BAPCPA Background

For more background on the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (aka BAPCPA), read Professor Elizabeth Warren’s testimony to Congress (Feb. 10, 2005) and testimony by Professor Todd Zywicki (Feb. 10, 2005).  Also a range of helpful coverage and commentary on the debate, impact and effects of BAPCPA on Creditslips.org along with some of the continued debate between the perspectives of Professor Warren and Professor Zywicki here, here and here.

Bankruptcy Lawyer Blogs on BAPCPA

From the bankruptcy lawyer blog circuit, helpful posts on court interpretations of BAPCPA so far by Jordan E. Bublick, Esq. at South Florida Bankruptcy Law Blog, including a summary of the two schools of thought on BAPCPA by bankruptcy courts.   A post by Craig Robins, Esq. on LongIslandBankruptcyBlog about the evolving criticisms of the new bankruptcy law as of 2006.  Additional commentary on bankruptcy as a social safety net by Bruce Weiner, Esq. of Rosenberg, Musso & Weiner (Brooklyn, NY) on NYBankruptcyNet.  And a reflective look back at the passage of BAPCPA by Dave Krieger, Esq. of Haines & Krieger (Las Vegas, NV).

*Click here for  Bankruptcy Bill’s state-by-state list of bankruptcy lawyers with blogs.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

BLT (Bankruptcy Lawyer Topics) is a review of  consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog post you think should be included?  Send an e-mail to bill [at] bankruptcybill [dot] us.

Loan modification (also sometimes referred to as mortgage modification) is a very hot topic these days.  It’s helping a lot of homeowners avoid foreclosure.  Though it’s also fertile ground for scams.  And in in the big picture it may only be putting a dent in the problem.  As the New York Times pointed out yesterday (”Lucrative Fees May Deter Efforts to Alter Loans“), it’s a complicated situation.

If you’re facing foreclosure and considering loan modification, or if you’re just interested in the topic, here are some bankruptcy lawyer blog posts that may be helpful:

California

• Hale Antico, Esq. covers California: New Foreclosure Changes on his Los Angeles Bankruptcy Blog (Los Angeles, CA).

• Howard Nassiri (consisting of Vincent D. Howard and Damian J. Nassiri)  in Anaheim, CA gives good coverage to the loan modification in California with the following posts:

• Howard | Nassiri Supports California Bills That Would Forbid Lawyers and Others From Taking Advance Fees
• and
• Study Finds That Mortgage Lenders Won’t Grant Meaningful Loan Modifications Because They Lose Profit
• Mortgage Loan Modification Scams Continue Their Rise in California
• Federal Trade Commission and State Attorneys General Sue Companies for Loan Modification Fraud
• Lenders Face Lawsuits From Spanish-Speakers Illegally Provided English-Only Loan Documents
• State of California Sues Loan Modification Lawyer for Stealing From More than 2,000 Homeowners
• Mortgage Brokers Responsible for Subprime Loans Find New Work as Loan Modification Consultants
• ‘Paper Avalanche’ Delays and Denies Loan Modifications to Struggling Homeowners
• Lender Bureaucracy Continues to Slow Mortgage Loan Modifications Under Obama Housing Plan

New York

• David S. Hamilton of Dwyer & Associates (New York, NY) writes on the topics of:

• Mortgage Modification – Where to begin?
• Foreclosure or Short Sale in NYC?
• Suing your Lender when Mortgage Modification isn’t an option

(more…)

Bankruptcy Billables is an overview of bankruptcy coverage and discussion from various independent law blogs.

Above The Law

• Morning Dockets 07.30.09 mentions the continuing Bernie Madoff litigation (tangentially connected to bankruptcy) and also notes that a ruling is expected on the Delphi bankruptcy plan.
• Former Heller Ehrman Building Forfeit to Lenders – The foreclosure crisis at the corporate level in Heller Ehrman’s bankruptcy.  (Apparently loan modification wasn’t an option.)
• Lawyerly Lairs:  Marc Dreier’s Penthouse Goes for $8.2 million – The result of an auction in Marc Dreier’s bankruptcy case.
• Bankruptcy Won’t Discharge $350,000 of Student Loan Debt for Law Graduate – A relatively high-profile case in Minnesota that paints a bleak picture of one man’s struggles with student loan debt, though ATL suggests that the publicity from the case may fan the winds of change in favor of a “mercy rule.”  (Note: For anyone interested in strategic options for dealing with student loan debt,  this blog post titled “Benefits of Bankruptcy When You Owe Student Loans” by Las Vegas bankruptcy attorney George Haines of Haines & Krieger might be a helpful place to start.)

Law Shucks

• Things Not Going Well for Rattner - The ongoing saga of Steven Rattner who stepped down from his role as head of Obama’s auto task force.
• Quick Shucks 7/16/09 – Notes that Lenny Dykstra’s bankruptcy reveals some significant bills owed to BigLaw firms.
• The Deal’s Up and Coming Lawyers – Two bankruptcy lawyers–Jonathan Henes of Kirkland & Ellis and Sushil Kirpalani of Quinn Emanuel–among those commented on.
• Law Shucks has also provided original coverage and commentary on Weil Gotshal and Harvey Miller in connection with GM, Chrysler and the other mega-bankruptcy cases.

Overlawyered

• July 27 Roundup – Notes that bankruptcy fees in Lehman are up to $62 million and could reach $1 billion.

Point of Law

• Not so fast, Mrs. Madoff – Comments on the Bernie Madoff trustee’s action to recover $44 million from Ruth Madoff.
• GM and Chrysler – Helpful up-to-date synopsis of the auto bailout and bankruptcies by S. Todd Brown.

Did we miss a good recent bankruptcy-related post on another blog?  E-mail bill [at] bankruptcybill [dot] us to let us know.