Recent Blog Posts in July 2010 |
| July 30, 2010 |
| Bankruptcy is for the Honest but Unfortunate Debtor |
| Posted By Marc Wagman |
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Bankruptcy fraud is a serious issue for both the attorney and of course the Debtor who files the bankruptcy petition. My wonderful wife likes to watch the show "The Housewives of New Jersey" and I have become enthralled in watching the reality show with her. One of the cast members and her husband (Teresa & Joseph Giudice) filed a Chapter 7 Learn More about a Chapter 7 bankruptcy last year. A Chapter 7 bankruptcy is a liquidation bankruptcy. Once a person files a Chapter 7 bankruptcy an estate is created of all the persons property they hold or have held in the last four years (or longer). The trustee or appointed court officer who is appointed to the person's case must liquidate any non-exempt assets for the benefit of the Debtor's creditors.
It seems from news reports and public records that the Guidice's lavish homes contents are scheduled for auction by the court appointed trustee. See the Article To make matters worse the trustee is filing an objection to the Giudice's discharge based upon a false oath (perjury) and their failure to explain their loss of assets and financial demise with proof through their books and records. The trustee is seeking to make all of their debts listed in the bankruptcy non-dischargeable under 11 USC 727, which is a very serious matter. If the trustee settles with the Giudices then any creditor may be able to step into the shoes of the trustee to object to the discharge according to current precedent. One creditor already has filed an objection to their discharge according to reports based upon allegations of fraud relating to Mr. Giudice.
The trustee has also alleged that the Giudice's failed to list interests in businesses, revenue from and interests in a book that Teresa Giudice wrote which is a New York Times bestseller, and other items as well as undervaluing property. Ms. Giudice in previous episodes can be seen spending lavishly on expensive clothes, going on shopping sprees, and throwing lavish parties for herself and her children. In the most recent episode, Teresa and her husband can be seen taking a rather lavish anniversary dinner at a nice hotel where they were staying, taking a limo there, and he gives her a purported enormous "yellow diamond ring" for her anniversary gift despite his financial problems and later filing of the bankruptcy (Maybe it was a Fugazi (fake) which was discussed earlier in the same episode), but nevertheless the trustee is likely to inspect that ring to make sure it is fake and if it is not then the trustee will likely liquidate it for the benefit of their creditors. I am sure there will be more news to come with regards to their bankruptcy.
Nevertheless, when filing a bankruptcy it is necessary to list all your assets and liabilities. Failure to do this can and may lead to prosecution by the Department of Justice for bankruptcy fraud (with stiff penalties of up to 5 years in jail and/or a $250,000 fine). Further, the trustee can and likely will object to the discharge of a person who undervalues assets or fails to list them in their petition and schedules. For a person to file a Chapter 7 or any bankruptcy they must fully disclose an accurate picture of their financial situation and explain the loss of income or property etc. In some cases the trustee may ask for proof of bank records, cancelled checks, or credit card statements. The failure to provide those documents can lead to an objection to the persons discharge. Further, if a person undervalues assets then the trustee has the right to get an accurate appraisal or value for the listed properties or even inspect them.
When a client comes into my office and asks what do I need to list? I say everything "ALL ASSETS and LIABILITIES" and I tell them that they cannot pick and choose what they list and do not list. Everyone will sign a disclosure required under federal law 527 (a) (2) which is to be given prior to retaining our office which states the above in no uncertain terms. When filing a bankruptcy with an Experienced Chicago Bankruptcy Attorney we would never put a client in a position to perjure themselves. Further, we have a duty under the bankruptcy code to make all reasonable attempts to do due diligence with regards to the Debtor's assets and liabilities. As court opinions will often say, "bankruptcy is for the unfortunate debtor who cannot afford to pay their creditors back, but want too" almost all of the clients we see seek the protection of bankruptcy because they have no other alternatives other than a bankruptcy.
Marc Wagman
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| July 28, 2010 |
| Chapter 13 Can Help you with your Home and Mortgage |
| Posted By KC Swanson |
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When a person falls behind on their mortgage they may have a few choices of how to fix the loan or save the home. This Chapter 13 article does a good job of discussing the positives and negative aspects of filing a chapter 13 Bankruptcy or a Chapter 7
bankruptcy in Chicago. It states that you can avoid the tax liability associated with a deficiency that survives the sale of your home. The article also discusses how it may be possible to strip liens on homes that have become substantially undervalued. It also discusses that while the bankrupty filing can hurt your score and stay on your record for 10 years, at the same time it can give a realistic manageable timetable to payoff all your debts and come out of the bankruptcy caught up on all your debts and still have possession of your home or car. However, it is urged that you do your homework when selecting your attorney.
A Chapter 13 reorganization is complicated and you should find a Chicago Bankruptcy Lawyer that has a wealth of regular experience in creating chapter 13 plans and representing Chapter 13 clients so as to make sure you get a plan that best fits your personal financial needs. My partner and I have drafted thousands of Chapter 13 plans and feel confident we can get you into a Bankruptcy plan that fits your personal needs. So call or email us today so we can get you a free consultation so you can Lose your Debt and keep your Dignity! |
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| July 20, 2010 |
| Where are the Bankruptcy Code Amendments needed by Home Owners? |
| Posted By KC Swanson |
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Many home owners have spent the last two years struggling to pay their mortgages when interest rates jumped on their loans and the economy tanked, most were seeking relief with a loan modification. However, when one closely examines these modifications two things become clear. First, that very few modifications are actually successful and this leaves many home owners behind on mortgage payments and in foreclosure, this leaves the person little choice but to file a Chapter 13 bankruptcy to save their home or walk away from the property. Second, even if the modification is accepted it is usually only a temporary fix, many modifications restructure only for a few years and after that the payment will return to the original loan terms and the old payment amount and interest rate.
Therefore, the lenders are guaranteed to never actually lose any of the money owed to them and the Debtor will pay in full. Over a year ago there was a great solution proposed to all these home loans that had variable rates or were substantially upside down on their value. This article discusses how a Chapter 13 Bankruptcy could be filed and the Bankruptcy Code would be amended to allow the Debtor to cram down the value of the home or reduce the interest rate. Either one or both options would allow the Debtor to stay in their home and make the home affordable based on current interest rates. However, the bill died in Congress for many reasons, but most likely because this option would make the banks take some financial hit. So if you have attempted a modification and failed please call our office for a Chicago Bankruptcy Attorney that can try to help you save your home. Or call our Bankruptcy office today, to set an appointment for a free consultation, as it may be possible that a Chapter 7 Bankruptcy may help you in addition to a Chapter 13. Either way we will do our best to make sure we find out if Bankruptcy can help you. So call or email today so you can lose your debt and keep your dignity. |
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| July 09, 2010 |
| Abusive Practices By Debt Collectors |
| Posted By Marc Wagman |
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The Federal Trade Commission reports that complaints about debt collectors have risen 50% in 2009 and this year they expect a 13% increase over last years number of complaints See the Article. In addition, complaints of debt collectors using obscene or abusive language spiked 35% from last year. It is often my experience that when a potential client comes into our office and is behind on their bills they will tell me about the abusive practices of some of the collectors for their debts. Often it will be phone calls at work, phone calls to relatives, abusive language, threats to sue or send the sheriff out to arrest the person, divulging personal information to the person's employer, and constant phone calls at all times of the day and night.
Whether a person files a Chapter 13 Learn More about Chapter 13 or a Chapter 7 Learn More about Chapter 7 with a Chicago Bankruptcy Attorney like us, the creditors phone calls must stop. Once a person files the case an automatic stay goes into place which stops creditors from suing, collecting, or harassing you to pay any debts. The automatic stay is your protection from creditors.
Further, the Fair Debt Collections Practices Act or FDCPA provides a civil remedy for any creditor who uses abusive or deceptive debt collection methods. It provides for damages of $1000 for each violation, compensatory, and sometimes punitive damages, as well as attorney fee's Learn More about Creditor Harassment and the FDCPA from the FTC's website. Common violations of the statute will commonly be one of the following:
1. Threats to use violence to collect the debt, or abusive or profane language
2. Causing the telephone to ring excessively, to annoy or abuse the person, or calling after 9 pm at night or calling the persons employer and divulging personal information or defamatory information to a third party.
3. False or misleading representations by the debt collector (the person saying they are with a state agency or the police department, or an attorney etc).
4. unfair or unconscionable means to collect a debt
5. and the failure to validate the debt after an initial communication
As an Experienced Chicago Bankruptcy Lawyer we often hear from our clients that they want to pay their bills, but the vast majority don't have the ability to do so. We realize that if you had the money to pay your creditors you would not be speaking to us and that bankruptcy is usually your last resort. We will help you lose your debt while still maintaining your dignity!
Marc
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