Battle On When Bank Back Tracks On Home Loan

Remember the office pool I wrote about following the lender’s statement under FRBP 3002.1 that the loan was fully current? We were betting on how long after the Chapter 13 discharge it would take Wells Fargo would screw up the debtor’s home loan account. Did anyone out there pick less than 30 days? If so, […]

Jump Start Your Bankruptcy Research

The next best thing to being a fly on the wall in the judge’s chambers is having a copy of her cheat-sheet. Or maybe it’s better described as the overview and the starting point for the next bankruptcy decision. So, don’t forget about Judge Newsom (Retired) & Judge Novack’s bankruptcy research binder available on line. […]

Brace Yourself

The 9th BAP’s Brace decision blew over everything we thought we knew about community property, joint tenancy titles, and the characterization of marital property. The storm warning is up.   Until the 9th Circuit rules on the pending appeal, bankruptcy lawyers in community property states in the 9th need to reevaluate their advice to to clients […]

All Dressed Up & Nowhere To Go

It’s the pits to be stood up by a Rule. Rule 3002.1 is, in my opinion, the best thing that’s happened in bankruptcy in years.  I’m a goggle-eyed fan. Whether you chalk mortgage servicing problems up to ineptitude or venality, it is indisputable that a mortgage servicer can’t audit a loan file and come up […]

Beyond Racism And Self Interest: Why Blacks File And Fail At Chapter 13

ProPublica’s study of the percentage of black debtors who file bankruptcy and fail at Chapter 13 misses the forest for the trees. The report contends that bankruptcy lawyers steer blacks to an inappropriate chapter for the benefit of the lawyers. In Memphis, an entrenched legal culture has made bankruptcy a boon for attorneys while miring […]

They’re Changing the Rules On Us

Come December, the Bankruptcy Rules will change again. So, I’ve got a shout out to Chapter 13 Trustee Beverly Burden who created a great table of the changes. Her chart includes the What, When, Where, and How, but also her comments on the effect of the change. I can add nothing to her great work, […]

Standout Bankruptcy Lawyers Should Be California Certified Specialists

Are you a standout bankruptcy lawyer? California’s certification of bankruptcy specialists helps consumers find standout bankruptcy lawyers. In a state of 35 million residents, with 189,00 active lawyers , only 163 are certified bankruptcy specialists.But the doors to becoming a certified specialist will swing open for a day in October for the written specialist exam. […]