Blogs
Two years have passed since the United States Supreme Court passed down a 5-4 decision in Obergefell v. Hodges which held that same-sex couples have a fundamental right to marry under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Read More ›
Tags: U.S. Supreme Court, Zoning & Land Use
On June 26, 2017, the Supreme Court granted certiorari in PEM Entities v. Levin to decide whether bankruptcy courts should apply a federal multi-factor test or an underlying state law when deciding whether to re-characterize a debt claim as equity. The Court’s decision to grant cert in this case should resolve a circuit split and clarify the law as it relates to re-characterizing corporate debt as equity. Read More ›
Tags: 6th Circuit Court of Appeals, Chapter 11, U.S. Supreme Court
Although foreclosure rates are no longer at historical peaks as they have
been in recent years, millions of homeowners across the nation still face
the personal and financial challenges of foreclosure proceedings. This
is true in Texas, where foreclosure activity across the state and the
Dallas-Fort Worth area has increased in past two years. That leaves many
homeowners struggling to find relief during tough financial times.
At Allmand Law Firm, PLLC, our Dallas bankruptcy lawyers assist clients
explore all of their available options for debt relief and
foreclosure defense, including bankruptcy. As we mentioned in a previous blog that
debunked common
bankruptcy myths, misconceptions and inaccurate information can severely compromise individuals
and property owners who want to secure the financial fresh start they
need. That’s why our legal team wanted to put together the following
list of foreclosure myths and why they are simply untrue:
- Filing for bankruptcy stops a foreclosure. While bankruptcy may temporarily delay the foreclosure process – and provide
the necessary time and funds to enact a defense strategy – it is not itself
a strategy for completely stopping it. Other loss mitigation options may
be available if you contact your mortgage servicer in a timely manner,
including loan modifications. Depending on your circumstances, the automatic
stay afforded by bankruptcy may also provide you with the time and funds
to catch up on missed payments, or enact a repayment plan that fits the
mortgage servicer’s needs. - You’re not responsible for paying the bank’s legal fees. This, unfortunately, is not the case. If you read the fine print of your
mortgage agreement, you will find that you are in fact responsible for
the bank’s legal fees in the event of a foreclosure. - The bank really wants your home back. Foreclosure can be a time consuming process for banks, and is often used
as a last resort. Most banks will do everything possible to work things
out with a homeowner in order to avoid foreclosure, putting you in position
to stay in your home when possible. - Your involvement with the property is over once the bank takes it back. If the bank sells your home after foreclosure for less than what you owed
on your mortgage, you will be held responsible for paying the difference,
or “deficiency.” Furthermore, the bank can collect interest
on that amount. A chapter 7 bankruptcy or deed in lieu of foreclosure
may clear you of owing a deficiency, so contact Allmand Law Firm, PLLC
to speak with a bankruptcy attorney to talk about your options. - Even if I pull together the money to stop a foreclosure, there is no way
to stop it. Most states, including Texas, have laws that require foreclosure proceedings
to be stopped if the homeowner has the money to cover all missed mortgage
payments, late fees, and legal fees owed. The lender or servicer is required
by law to send the borrower a notice of default and intent to accelerate,
which gives the homeowner at least 20 days to cure the default before
notice of sale can be given.
If you are behind on your mortgage payments or are currently facing foreclosure,
you have options. We invite you to contact Allmand Law Firm, PLLC to discuss
your unique case and obtain advice tailored to your situation. When you
choose to work with our firm, we may be able to put a stop to foreclosure
proceedings, protect your credit history, protect you against potential
tax obligations, and more.
Case evaluations are provided free of charge. Allmand Law Firm, PLLC serves Texas clients
from two office locations in
Dallas and
Fort Worth.
The post 5 Foreclosure Myths Debunked appeared first on Allmand Law.
Debt settlement a bad alternative to bankruptcy
By Liz Weston NerdWallet.com, Aug 30, 2017 (a summary from South Bend Tribune)
Many people believe that hiring a company to settle their debts is better on their credit, will cost them less in the long run and will generally be better than a bankruptcy. This is what the debt settlement industry would like you to believe. The following are some clips from an article by Ms. Weston which details the real cost of debt settlement.
Debt settlement is not as consumer-friendly as the industry presents it, and some of the people who praised the companies didn’t fully understand their alternatives or the longer-term consequences of settling debt (see a former employee’s quote below).
- One woman didn’t realize she would face a tax bill on the forgiven debt.
Where debt settlement falls short
Here are some of the biggest problems with debt settlement:
- Negotiations can take years (usually three to four years). Meanwhile, customers risk being sued over their debts.
- The math often doesn’t work. The total cost of the settlement can equal 90 percent or more of the original amount owed.
- Many debt settlement companies unfairly demonize bankruptcy. In reality, most chapter 7 bankruptcies take a few months and the filer can keep most of their assets.
- Both debt settlement and bankruptcy drop credit scores into the mid-500s. Credit scores can begin to recover immediately after either process is complete (chapter 7 bankruptcy typically takes months, while debt settlement typically takes years.) Plus, bankruptcy halts collections activity, including lawsuits, and can end wage garnishments.
“The one option that shines above all the rest is bankruptcy,” says Steve Rhode, a former credit counselor who runs the Get Out of Debt Guy advice site. “It’s the cheapest and fastest and the best way to rebuild your credit.”
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys. 
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Debt settlement a bad alternative to bankruptcy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Debt settlement a bad alternative to bankruptcy
By Liz Weston NerdWallet.com, Aug 30, 2017 (a summary from South Bend Tribune)
Many people believe that hiring a company to settle their debts is better on their credit, will cost them less in the long run and will generally be better than a bankruptcy. This is what the debt settlement industry would like you to believe. The following are some clips from an article by Ms. Weston which details the real cost of debt settlement.
Debt settlement is not as consumer-friendly as the industry presents it, and some of the people who praised the companies didn’t fully understand their alternatives or the longer-term consequences of settling debt (see a former employee’s quote below).
Where debt settlement falls short
Here are some of the biggest problems with debt settlement:
- Negotiations can take years (usually three to four years). Meanwhile, customers risk being sued over their debts.
- The math often doesn’t work. The total cost of the settlement can equal 90 percent or more of the original amount owed.
- Many debt settlement companies unfairly demonize bankruptcy. In reality, most chapter 7 bankruptcies take a few months and the filer can keep most of their assets.
- Both debt settlement and bankruptcy drop credit scores into the mid-500s. Credit scores can begin to recover immediately after either process is complete (chapter 7 bankruptcy typically takes months, while debt settlement typically takes years.) Plus, bankruptcy halts collections activity, including lawsuits, and can end wage garnishments.
“The one option that shines above all the rest is bankruptcy,” says Steve Rhode, a former credit counselor who runs the Get Out of Debt Guy advice site. “It’s the cheapest and fastest and the best way to rebuild your credit.”
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys. 
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Debt settlement a bad alternative to bankruptcy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
“This is What Happens to Student Loans When You Die”.
The following is a summary of USA Today article.
It is important that you know the type of student loan (federal or private), the guarantors of the student loan (parents, etc), and the law of the state where you live. This article cannot walk you through each variation of different student loans, but the goal is to provide you with an outline and some ideas to consider in planning your estate (what you leave when you pass).
Federal student loans:
Upon your death the federal student debts in your name are discharged. To receive this discharge, your survivors need to present a certified death certificate to the loan servicer.
Parent PLUS loans:
Parent PLUS borrowers are also eligible for a death discharge since PLUS loans are federal loans. According to Jay Fleischman, a student loan lawyer, “These loans can be discharged when either the parent or the student dies,” he explained. “Discharged federal student loan obligations won’t pass to your estate, and your heirs won’t have to pay them off.” But, the remaining debt canceled is treated as taxable income “forgiveness of debt”.
Private student loans:
Private student loans, including refinanced loans, are more like traditional personal loans, where the lenders might come for your estate when you die. That means your creditors can file a claim against assets you owe upon your death.
Cosigning a student loan:
A co-signer is legally responsible for your debt after you pass away, regardless of the type of loan in question. Consider looking into a cosigner release.
Marriage and student loans:
If you acquired student loan debt during marriage and live in one of the nine community property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin — your spouse could be liable for your student loans after you die.
If you do not live in a community property state your spouse probably not liable unless they cosigned the loans.
RESOURCES:
- Use the National Student Loan Data System (NSLDS) to figure out who your servicers are and contact them to find out their policies.
- In addition, look into cosigner release and a life insurance policy that could help with any outstanding debt.
- Consider federal loan consolidation or student loan refinancing.
This article originally appeared on StudentLoanHero.com and was written by Melanie Lockert.
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Do Student Loan Debts Die When you Do? appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
“This is What Happens to Student Loans When You Die”.
The following is a summary of USA Today article.
It is important that you know the type of student loan (federal or private), the guarantors of the student loan (parents, etc), and the law of the state where you live. This article cannot walk you through each variation of different student loans, but the goal is to provide you with an outline and some ideas to consider in planning your estate (what you leave when you pass).
Federal student loans:
Upon your death the federal student debts in your name are discharged. To receive this discharge, your survivors need to present a certified death certificate to the loan servicer.
Parent PLUS loans:
Parent PLUS borrowers are also eligible for a death discharge since PLUS loans are federal loans. According to Jay Fleischman, a student loan lawyer, “These loans can be discharged when either the parent or the student dies,” he explained. “Discharged federal student loan obligations won’t pass to your estate, and your heirs won’t have to pay them off.” But, the remaining debt canceled is treated as taxable income “forgiveness of debt”.
Private student loans:
Private student loans, including refinanced loans, are more like traditional personal loans, where the lenders might come for your estate when you die. That means your creditors can file a claim against assets you owe upon your death.
Cosigning a student loan:
A co-signer is legally responsible for your debt after you pass away, regardless of the type of loan in question. Consider looking into a cosigner release.
Marriage and student loans:
If you acquired student loan debt during marriage and live in one of the nine community property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin — your spouse could be liable for your student loans after you die.
If you do not live in a community property state your spouse probably not liable unless they cosigned the loans.
RESOURCES:
- Use the National Student Loan Data System (NSLDS) to figure out who your servicers are and contact them to find out their policies.
- In addition, look into cosigner release and a life insurance policy that could help with any outstanding debt, and now a days you can get insurance from even companies online as One Sure Insurance.
- Consider federal loan consolidation or student loan refinancing.
This article originally appeared on StudentLoanHero.com and was written by Melanie Lockert.
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Do Student Loan Debts Die With You? appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Wells Fargo in trouble again.
Once again the New York Times reports on Wells Fargo’s fraudulent account scandal. No, this is not the same one from 2016, this is a new one where the bank just “found” more than a million additional unauthorized accounts, raising the total to 3.5 million accounts.
“Every time we get one of these announcements, the pressure rises,” said Nancy Bush, a banking industry analyst who runs NAB Research. “How many customers, and how many employees within Wells Fargo, are coming to the conclusion, ‘I don’t need to be associated with this’?”
Besides the additional accounts announced Thursday, the wider review uncovered a new issue: unauthorized enrollments of customers in the bank’s online bill payment service; a service that is now free.
One of the bank’s fiercest critics, Senator Elizabeth Warren, Democrat of Massachusetts, laid into it with a scathing statement: “Unbelievable. Wells Fargo’s massive fraud is even worse than we thought.”
A coalition of 33 consumer groups sent a letter to congressional leaders urging them to bring Wells Fargo executives back to Capitol Hill — where Mr. Stumpf was roasted last year by unhappy lawmakers, shortly before he stepped down under pressure — to answer new questions about the bank’s abuses. The bank “may have intentionally misled” lawmakers in its previous testimony, they said. Ms. Warren, who is a member of the Senate Banking Committee, also called for the committee to hold a new hearing.
Continue reading the main story
Is Wells Fargo too big to care about threats?
Note from Diane: now I have to ask – how many of you believe the bank’s excuses? Personally, I think that Wells Fargo believes no regulator can reach them and that it can bully anyone – consumer or politician. It has gotten away with this type of behavior for so many decades that it was certain no one could touch them. I support Senator Elizabeth Warren‘s attempt to make Wells Fargo accountable for their outrageous actions. Enough is enough. I moved all our accounts, both personal and business, out of Wells Fargo.
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Wells Fargo Discloses More Fraudulent Accounts appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Wells Fargo in trouble again.
Once again the New York Times reports on Wells Fargo’s fraudulent account scandal. No, this is not the same one from 2016, this is a new one where the bank just “found” more than a million additional unauthorized accounts, raising the total to 3.5 million accounts.
“Every time we get one of these announcements, the pressure rises,” said Nancy Bush, a banking industry analyst who runs NAB Research. “How many customers, and how many employees within Wells Fargo, are coming to the conclusion, ‘I don’t need to be associated with this’?”
Besides the additional accounts announced Thursday, the wider review uncovered a new issue: unauthorized enrollments of customers in the bank’s online bill payment service; a service that is now free.
One of the bank’s fiercest critics, Senator Elizabeth Warren, Democrat of Massachusetts, laid into it with a scathing statement: “Unbelievable. Wells Fargo’s massive fraud is even worse than we thought.”
A coalition of 33 consumer groups sent a letter to congressional leaders urging them to bring Wells Fargo executives back to Capitol Hill — where Mr. Stumpf was roasted last year by unhappy lawmakers, shortly before he stepped down under pressure — to answer new questions about the bank’s abuses. The bank “may have intentionally misled” lawmakers in its previous testimony, they said. Ms. Warren, who is a member of the Senate Banking Committee, also called for the committee to hold a new hearing.
Continue reading the main story
Is Wells Fargo too big to care about threats?
Note from Diane: now I have to ask – how many of you believe the bank’s excuses? Personally, I think that Wells Fargo believes no regulator can reach them and that it can bully anyone – consumer or politician. It has gotten away with this type of behavior for so many decades that it was certain no one could touch them. I support Senator Elizabeth Warren‘s attempt to make Wells Fargo accountable for their outrageous actions. Enough is enough. I moved all our accounts, both personal and business, out of Wells Fargo.
Share this entry
About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. Diane is a retired professor of law teaching bankruptcy for more than 20 years. As a teacher she believes in offering everyone, not just her clients, advice about the Arizona bankruptcy laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Nothing on this website should be construed as establishing a lawyer-client relationship between you, me, the author of any page or the website owner (me) who happens to be a lawyer. Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. You may pick up some information about bankruptcy, foreclosure or the practice of law written by myself or others. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post Wells Fargo Discloses More Fraudulent Accounts appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
CFPB Knocks Out Another Scam Yesterday, the Consumer Finance Protection Bureau put another credit repair outfit out of business. This was National Credit Advisors. These folks claimed that you can use them to “free yourself from bad credit.” According to the Consumer Finance Protection Bureau, they collected $20 million from 50,000 consumers over a three […]The post Consumer Finance Protection Bureau Knocks Out A Scam by Robert Weed appeared first on Robert Weed.
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