Author Archive

The Human Cost of Foreclosure »

An article in the July 26, 2008 Washington Post, “What Gets Left Behind,” talks about one side of the human cost when a house goes to foreclosure. As the owner of a company that cleans out foreclosed homes, Troy Hughes notes: I remember that kid’s balloon was still inflated, like someone had just had a […]

Bankruptcy Law, Obama and McCain »

Over on the Bankruptcy Law Network, I have been writing a series of blogs on Senators Obama and McCain‘s positions on bankruptcy. The results may surprise you. The articles may be found by clicking on the links: Obama vs. McCain on BankruptcyObama and McCain’s Votes on Bankruptcy AmendmentsBarack Obama on BAPCPABarack Obama on Bankruptcy/Credit Reform

Maryland Foreclosure “Moratorium” to Expire Soon »

When Governor O’Malley signed into law changes to Maryland’s foreclosure laws effective on April 4, 2008, new foreclosure filings stopped. Although the new law’s changes were, in most instances, more cosmetic than substance (see my article on the Mortgage Law Network, “Changes to Maryland Foreclosure Law: Steak or Sizzle?“) they contained provisions that resulted in […]

Whatever Happened to Usury Laws? »

Usury is defined in Webster’s as, “the lending or practice of lending money at an exorbitant interest.” All states, including Maryland, have laws prohibiting usury—in Maryland, the default rate of interest is 6%, and most loans cannot exceed 24%. So how is it that many credit cards have annual rates of 30% or more? How […]

US Trustee Audits to Resume May 12, 2008 »

According to an article on the US Trustee website, random debtor audits, which were halted in January 2008 due to budgetary problems, will resume on May 12, 2008. The only change appears to be that instead of randomly auditing one out of each 250 cases filed, the UST will audit one out of each 1,000 […]

Brett Weiss Quoted in the “Salisbury Daily Times” Discussing Foreclosures »

Brett Weiss was quoted in an article in the May 1, 2008 Salisbury Daily Times. The article, “Bankruptcy Reform May Have Exacerbated Foreclosure Crisis,” discussed the impact of the 2005 adoption of major pro-creditor changes to the Bankruptcy Code, called BAPCPA. Mr. Weiss’ summary of BAPCPA may be found by clicking on this link.

What We Do For You In a Chapter 7 or Chapter 13 Bankruptcy… »

We’re often asked by new clients what we actually do for them. I thought I’d put a short list together: We let you answer your phone without your heart seizing with fear that it’s someone calling to collect a bill. We give you room in your mailbox for birthday cards instead of bills. We let […]

Brett Weiss Quoted in “Washington Business Journal” on Chapter 11 Business Bankruptcy »

Brett Weiss was quoted in the January 25, 2008 issue of the Washington Business Journal in connection with the recent bankruptcy filing of one of his Chapter 11 developer clients. Weiss was quoted as saying, “We all know that the current housing market is lousy. And this is making things hard for a lot of […]

Brett Weiss named NACBA Member of the Month »

Brett Weiss is honored to announce that he has been named the January 2008 Member of the Month by the National Association of Consumer Bankruptcy Attorneys (NACBA). As the NACBA site states, “NACBA members give generously of their time, energy, and finances to make the organization successful. They do this without expectation of recognition, but […]

Do I Need a Lawyer to File for Bankruptcy? »

I’ve taken over a number of cases where a debtor prepared and filed the various bankruptcy documents without the help of an attorney–what is called filing pro se or pro per. Apart from the fact that the schedules generally have to be completely redone (the exemptions are usually wrong, debts are not listed, assets are […]