May 18, 2012

Mortgage Documentation Issues Remain Unclear in Foreclosure / Bankruptcy Cases

Back in the summer of 2007, we reported on the upside to sliced, diced and flipped consumer mortgages: the paper trail was hazy at best and in some cases non-existent, and attorneys like April Charney were seeing some success in...

Life Without Credit – How Are You Advising Your Clients?

Recently, I wrote about the significant reduction in consumer credit in the United States. A large part of that reduction comes from tightening credit standards; credit card issuers are offering less credit and even cutting back on existing credit lines....

Shrinking Consumer Credit Impacts Bankruptcy Filers

For years consumer bankruptcy attorneys have been fighting misconceptions about the impact of bankruptcy on credit. Consumers with abysmal credit scores and tens (or hundreds) of thousands of dollars in outstanding debt believed that they were somehow protecting their credit...

Choosing an LPO Provider for Your Bankruptcy Firm

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Bankruptcy Filings Come Full Circle – What Does it Mean for Your Practice?

In 1997, when the first version of what would become BAPCPA was drafted, non-business bankruptcy filings reached 1,313,112. The consumer credit industry fought for years and spent hundreds of millions of dollars to ensure that bankruptcy reform became law. In...

79.9% Interest Rate Actually Lowers Effective APR for some Credit Card Issuers

Adam Levitin at Credit Slips takes an interesting look at some of the changes subprime credit card issuers are making in order to keep profits up while complying with the Credit CARD Act. It's not surprising that lenders are already...

Mortgage Cramdown Provision May Reach House Floor Today

Earlier today, the House Rules Committee agreed to allow the mortgage modification in bankruptcy provision to be considered as an amendment to the broader financial services reform bill. The issue could reach the house floor as early as this afternoon,...

U.S. Supreme Court Hears Argument on Constitutionality of BAPCPA

Just weeks after the Bankruptcy Abuse Prevention and Consumer Protection Act took effect in 2005, the small Minnesota law firm of Milavetz, Gallop & Milavetz P.A. challenged the Constitutionality of the statute. In April of 2007, the U.S. District Court...

U.S. Supreme Court to Hear Challenge to BAPCPA

Challenges to the application of certain provisions of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act began the very day the law took effect. One of the first to bring suit to have the law declared unconstitutional was the...

Make Your Voice Heard on Mortgage Modification

Last week, the mortgage modification provision passed the U.S. House of Representatives--but it may not come to a Senate vote. The banking industry is making its voice heard loud and clear (courtesy of the same folks who brought us BAPCPA),...