28th Sep 2014

Yes, bankruptcy will stop a foreclosure, but only if it is filed prior to the foreclosure sale date. Foreclosures can occur in as little as 21 days in Alabama. If you have already received a foreclosure notice, you need to … more

Except for on-going child support or alimony, creditors may no longer garnish your wages for debts that you included in your bankruptcy. Once the debt is discharged in bankruptcy, the debt is eliminated and the creditor may not attempt to … more

Is your mortgage company doing something improper? We stand up for our clients. We have successfully litigated lawsuits against Bank of America, Wells Fargo, Chase, BB&T, BAC Home Loan Servicing, Regions Bank, and Citifinancial. We regularly find mistakes by mortgage … more

STOP: Repossessions Foreclosures Harassing Phone Calls Wage Garnishments Lawsuits Child Support Arrearage Tax Collection If you are unable to make ends meet because of wage garnishments, bankruptcy may be able to help get rid of garnishments and allow you to … more

Bankruptcy laws are federal laws that help people get a fresh start if they are not able to pay their debts, either through selling assets or setting up a repayment plan. This ‘fresh start’ is accomplished through completing the requirements … more

Can a lien be avoided based on 11 U.S.C. § 506(d) solely on the ground that a proof of claim was disallowed because it was filed late?

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26th Oct 2012

Can a lien be avoided based on 11 U.S.C. § 506(d) solely on the ground that a proof of claim was disallowed because it was filed late? In Shelton v. CitiMortgage, Inc. (In re Shelton), — B.R. — (B.A.P. 8th … more

US Sues Bank of America for $1 Billion for Mortgage Fraud

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24th Oct 2012

The Associated Press reported that a federal prosecutor sued Bank of America for more than $1 billion for mortgage fraud against Fannie Mae and Freddie Mac from 2007 to 2009. The suit alleges that Countrywide Financial, which was later bought … more

Does debt settlement work? Shouldn’t I try that before looking at filing bankruptcy?

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Does debt settlement work? Shouldn’t I try that before looking at filing bankruptcy? According to a NACBA Consumer Alert (‘The Debt Settlement Trap: The #1 Treat Facing Deeply Indebted Americans’ October 2012): “Even the industry acknowledges – though not in … more

What effect does Bankruptcy Code’s automatic stay provision have on conditions of a criminal sentence?

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22nd Oct 2012

What effect does Bankruptcy Code’s automatic stay provision have on conditions of a criminal sentence? Defendant was ordered to pay restitution after being convicted for bank fraud and tax crimes, and filed for bankruptcy after initial sentencing. Defendant (and now … more

When does judicial estoppel apply to proofs of claim?

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18th Oct 2012

The Fifth Circuit Court of Appeals found that judicial estoppel does not apply to an inconsistent proof of claim filed by the same creditor in a second bankruptcy case where the debtor was dismissed from the prior bankruptcy. In re … more