Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or “friend” about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to “own” (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.

Probably one of the most frequent problems I encounter with new cases clients bring to my office is the lack of documentary evidence.
No one bothers to put down in writing that agreement with the brother-in-law or “friend” about the business they were starting together, the house one was going to buy (by signing on the mortgage) and which the other was going to “own” (by going on the title) and paying the mortgage, the investment they were going to make together, or any other manner of legal arrangements.

I just received an e-mail from a gentleman who filed a chapter 13, but later decided to dismiss his case.  He is wondering if the Bankruptcy Court can instruct the credit reporting agency to remove the bankruptcy from his credit report.  Unfortunately, the answer is no.  A bankruptcy will stay on the debtor’s credit report for ten years, even if the case is later dismissed.
I don’t know if this result would have made a difference for this gentleman, but at least he should have been told the result.

When I tell people that I’m a student loan lawyer, I usually get a strange look. That’s followed by something like, “I didn’t think you could do anything about student loans.”
It’s as if people are reading from a script, over and over again.
Josh Cohen and I spend a lot of time training lawyers how to practice in the field of student loan law. But a lot more attorneys wonder whether there’s anything they can do to help people.

Once you opt to surrender you home in your Oregon Bankruptcy, you will probably want to stay in the house for as long as you can. All too often we have seen Oregon Bankruptcy clients move out of homes in bankruptcy, thinking the foreclosure would soon follow. But lenders often change course. The rapid foreclosure that was on track for sale prior to the bankruptcy may now languish for months and sometimes years on end. So why not stay in the house for as long as you can.

For years, we have referred our bankruptcy clients to Mario Puglise, Bankruptcy Specialist at Jefferson Chevrolet in Detroit, for vehicle financing during or after a bankruptcy filing.  He specializes in car financing for Michigan families who filed for bankruptcy protection.  We sat down for an interview to discuss: How he is able to help bankruptcy […]

Vancouver bankruptcy filers will be happy to hear that the U.S. Bankruptcy Court for the Western District of Washington is now offering debtors the ability to receive court notices and orders via email through a program called “Debtor Electronic Bankruptcy Noticing” or “DeBN.” Registering for DeBN is free and enables debtors to receive and view notices sent to you by email. A Washington debtor must file a written request with the bankruptcy court in order to participate in the DeBN program.

There has been much discussion in the media in the past year about the massive amount of professional fees that have been wracked up during the City of Detroit's Chapter 9 bankruptcy. There is always great interest - and debate - about such fees due to the nature of the process: insolvent individuals or companies with no place left to turn file for bankruptcy, creditors take a "haircut" on their claims, and the lawyers get paid. Or so the story goes. As with any complex process, though, there is plenty of nuance that gets lost in the wash, and often is more to the story.

Good riddance to several debt collectors that seemed hellbent on sending all Oregon student loan debtors into bankruptcy. Pioneer Credit Recovery, Enterprise Recovery Systems, National Recoveries, and Coast Professional had all sued earlier this year once the Education Department said it would no longer send them any more accounts under their current contracts. A federal judge on Tuesday has now dismissed all their claims.

The Consumer Financial Protection Bureau (CFPB) (4/15/15) issued a final interpretive rule on how to provide mortgage applicants with a list of local homeownership counseling organ