Homeowners Face Down The Mortgage Servicer Over Their Request For Information

  The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the private right of action under Reg. X. The case is Rios v. Rushmore, from the Southern District of Florida. The homeowners alleged that Rushmore Loan Management Services failed to adequately respond to their Notice of Error pursuant to 12 U.S.C. […]

Chronicles of Bankruptcy Rule 3002.1

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage;  thus we have FRBP 3002.1 said Judge Hannah Blumenstiel. At the end of my client’s Chapter 13, the lender’s response to the trustee’s notice of final cure payment failed to do that.  The failure to adequately support its contentions in […]

The Smart Way To Cut The IRS Out

Like so much in life, it’s all about timing I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending in December. […]

Cautionary Tale re Bankruptcy, Attorneys and Notice

How often has your bankruptcy client presented you with a copy of a complaint or an abstract of judgment for inclusion in their list of creditors? On the face of the pleading, you have the name and mailing address of the creditor’s lawyer. But is that good enough for a bankruptcy discharge? A recent case […]

4 Reasons To Keep Time Records No One Discusses

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, […]

Getting Started In Bankruptcy Law

Everyone new to bankruptcy needs a guide to this specialized legal realm. Just as you can’t tell the players without a scorecard, it’s hard to make heads or tails of bankruptcy law when it’s new to you. Jon Hayes has what you need to tell priorities from the absolute priority rule.  Exemptions from exclusions. Denial […]

Tax Audit Aftermath-Did You Tell The State?

One of the bedrock pieces of the discharge of taxes in in bankruptcy is the requirement to have filed a return. No return, no discharge of that year’s taxes. But it gets more nuanced:  in California when the feds audit the debtor and change any of the elemental figures in a filed return return, the taxpayer […]