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Dave Ramsey vs. Bankruptcy »

My colleague, Matt Berkus, a bankruptcy attorney in Denver, has written an excellent article discussing Dave Ramsey’s anti-bankruptcy positions (despite his having filed for, and benefited from, a Chapter 7 case). When my clients ask if they will ever be able to get credit again and buy a home, I often show people a picture […]

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

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.

Bankruptcy Audits Suspended »

According to a recent article on the Bankruptcy Law Network by Kansas bankruptcy attorney Jill Michaux, the random and targeted audits of bankruptcy cases by the office of the U.S. Trustee have been suspended. The reason? Congress didn’t appropriate any money! According to the U.S. Trustee website: The FY 2008 Consolidated Appropriations Act, Public Law […]

Maryland Foreclosure Taskforce Issues Report »

While traditionally, Maryland has not been the most homeowner-friendly state in terms of its foreclosure procedures, things have gotten far worse with the deepening of the mortgage crisis. According to State officials, Maryland has jumped from No. 40 to No 15 in foreclosures nationally. A recent article in The Washington Post summarizes the recommendations of […]

Collection of Debts Discharged in Bankruptcy »

BusinessWeek published online (and will publish in its magazine) an amazing article, “Prisoners of Debt.” This major story talks about the increased selling and collection of debt discharged in Chapter 7 cases. A must read. BusinessWeek has two companion articles: “Conveniently Not Updating,” about improper credit reporting of discharged debt, and “Whose Second Chance,” about […]