BANKRUPTCY TRAP: Divorce after Bankruptcy

July 31, 2014

BANKRUPTCY TRAP: Divorce after Bankruptcy

As one court put it, “Neither knaves nor fools should be representing debtors who need legal assistance.” Bankruptcy law is not for the... Read More

What’s in a Name?

July 30, 2014

What’s in a Name?

 A bankruptcy case is part lawsuit, part financial accounting. Before filing bankruptcy, the debtor must make a good faith effort to account for... Read More

Bankruptcy Trick: Filing Stale Claim May Violate FDCPA

July 29, 2014

Bankruptcy Trick: Filing Stale Claim May Violate FDCPA

The Eleventh Circuit recently held that a third party debt collector is liable for violating the Fair Debt Collection Practices Act (FDCPA) when it... Read More

BANKRUPTCY TIP: Fight Back Against Mortgage Servicers

July 28, 2014

BANKRUPTCY TIP: Fight Back Against Mortgage Servicers

Mortgage servicer PHH Mortgage Corporation is in the news again, this time on the losing end of a $16 million jury verdict. Like many others in Yuba... Read More

BANKRUPTCY TRICK: Lien Strip a Previously Discharge Mortgage

July 25, 2014

BANKRUPTCY TRICK: Lien Strip a Previously Discharge Mortgage

 While the Bankruptcy Code prohibits modification of a secured home mortgage, most courts permit an underwater debtor to “lien... Read More

Public Advocacy Group Demand Changes From FDA Regarding Transvaginal Mesh

Public Advocacy Group Demand Changes From FDA Regarding Transvaginal Mesh

Public Citizen, a group that advocates on the behalf of consumers, has in the past petitioned the FDA to order a global recall of all transvaginal... Read More

Cram Down a House

July 23, 2014

Cram Down a House

“Cram down” is lawyer-speak for a bankruptcy court reducing a secured interest to the value of the property. For instance, if a bass boat... Read More

Lien Stripping in Chapter 13 Bankruptcy

July 22, 2014

Lien Stripping in Chapter 13 Bankruptcy

 Section 506(a) of the Bankruptcy Code separates the debtor’s obligations into two general categories or “claims”: secured... Read More

Mary Wasserman and Son File Lawsuit Against Manufacturers of Risperdal

July 21, 2014

Mary Wasserman and Son File Lawsuit Against Manufacturers of Risperdal

A mother and her son have filed a lawsuit against Johnson & Johnson and Jansseen Pharmaceuticals, the makers and manufacturers of Risperdal. Mary... Read More