It isn’t just marriage that can get you roped in to a bankruptcy case that isn’t your own. Own community property and a bankruptcy filing by your spouse or your soon-to-be ex can drag you into a bankruptcy court. But the issue is broader: joint ownership of any kind of asset in any state, community […]
Who’s Afraid Of Bankruptcy’s 90 Day Rule
Most folks considering bankruptcy know about the 90 day rule in bankruptcy. They’ve talked to friends or read on the internet. When they get to a bankruptcy lawyer’s office, they’re eager to tell me they know about the rule, though sometimes they have questions about just how it works. Which is all very interesting, except that […]
20 Years Of Bankruptcy In Brief
Twenty years ago this month, Soapbox’s parent website, Bankruptcy In Brief, went live with four pages of basic bankruptcy information. My law partner quietly thought writing about law for the internet was off base. My lawyer colleagues thought I was giving away the store. I persisted (which wasn’t then a catch phrase) because I was […]
Bankruptcy Alphabet: T is for Tension
In my bankruptcy alphabet, T stands for Tension. I’m not talking so much about the tension the person filing bankruptcy feels, though that is real and not to be discounted. I’m talking about the tension in the law that balances the interests of creditors with the interests of debtors. Bankruptcy law in the US recognizes […]
My Wildly Biased Choices For Best Posts Of 2017
Readers got their say earlier when I showcased the 10 most popular new posts on Bankruptcy Soapbox for 2017; now it’s my turn to spotlight the best bankruptcy advice of the year. In my opinion. They were posts that touched subjects important to me and, hopefully, important and useful to you. How Bankruptcy Changes Your […]
Best Of 2017: Reader Favorites On Bankruptcy Soapbox
I tallied up reader favorites from the 2017 posts on Bankruptcy Soapbox. The balloting is a bit unfair, since the fall and winter posts haven’t had the same exposure that posts from earlier in the year. But take note: the runner up is only about 8 weeks old. Your favorites, in reverse order: 10. Making […]
How Avoiding Probate Ended Up In Bankruptcy
Do it yourself seems so industrious and self reliant. And we’ve been bombarded with books, speeches and courses on the evils of probate. So, I guess it should be no surprise when people try DIY schemes to both avoid probate and avoid lawyers who create probate-avoiding trusts. Yet they forget an unavoidable truth: the transfer […]
Loan Modification: The $100,000 Mistake
The job of a mortgage servicer is to collect loan payments and keep track of what’s owed on the mortgage. That shouldn’t be too hard. But the evidence is that they don’t do that basic job very well. Throw a loan modification into the mix, and who knows what you’ll get. Accounting for modification […]
Getting A Loan Modification Is Only Half The Fight
Loan modification troubles persist, long after the loan modification. For all of you who stressed, strained, fretted, wheedled, worried, fought, kicked, and even gouged to finally wrest a loan modification from the lender/servicer that controls of your home loan, I have a message. The fight may not be over. “We Don’t Have Any Record of […]
Locked Out Of Court: The Not-So-Fine-Print Arbitration Clause
Equifax and the CFPB have teamed up, sort of, to focus attention on consumer rights when dealing with huge consumer businesses. Equifax, alongside Wells Fargo of the millions of unauthorized bank accounts, want to limit their customers’ access to the legal system. Their boilerplate agreements prohibit customers banding together in class actions, and lock individual […]
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