Bankruptcy Insights

DISAPPOINTING – Fannie, Freddie & Bankruptcy
There has been little success with the money allocated by Congress, through HAMP, to help fix the mortgage crisis. Very few people having trouble with their mortgages have received any relief of any kind.  No reduction in interest rates, no reduction in the mortgage amount etc. etc. etc.  Now there's been an investigation launched to examine why the two giant government created entities seem to...
Debt, Stress and Marriage – Bankruptcy to the Rescue
Without question just the thought of having to file bankruptcy, Chapter 7, Chapter 13 or a Chapter 11 is very stressful.  It is an emotional roller coaster ride before you actually make a decision.  When anyone is facing the unknown, coupled with the hearsay gossip about bankruptcy that is almost invariably wrong, it is no small wonder that your stress mounts. During financial hardship the pressure grows from the...
Fee-Only Chapter 13 – Bankruptcy Court vs. Appeals Court
I read a blog today, as well as the written opinion of the Court, concerning what is called a "fee-only Chapter 13 plan". While I agree with the ruling of the Court I completely disagree with the blog and was shocked that a lawyer would take such an action as a matter of course. A summary of the facts are:

 A potential client approached a

Bankruptcy After MY Divorce
Filing for Bankruptcy was something that I never dreamed would “happen” to me.  I worked hard to pay my bills and seldom even had a late payment.  My husband made a good
salary
.  Life was good. Then one day I found myself in the middle of a messy divorce and
learning
about my soon to be ex-husband’s gambling problem.   I ended up with $15,000 in
credit
card debt (my half) and...
Bank Foreclosure Settlement – Any Real Help????
Multiple banks and multiple states have entered into a settlement agreement over how the banks handled foreclosure or were in the process of handling foreclosures.  Finally many Banks being made accountable for their actions. The settlement appears to be for a significant amount of money.  This settlement should provide money to be used to refinance or modify home mortgages (what is purported to be a large...
Facing Foreclosure – Is Your Lending Institution Ignoring You?
Earlier this month there was a great deal of hoopla by both politicians and the banking industry about the changes being made so that people facing foreclosure could deal with their situation better; either by refinancing, modifying their home loan or in extreme cases making an orderly  transition when the homeowner needs to surrender the property back to the Lender. On the way to work this morning...
Bankruptcy & Loan Modifications Do Exist
Many clients come into our office hoping that we can lower their monthly mortgage payments. Unfortunately when the house is their homestead we do not have the means to modify the loan within the Bankruptcy. However, many banks are now offering loan modifications to people who are in Bankruptcy. It seems to be a growing trend that these modifications are being approved quicker and with...
Bankruptcy Can Positively Impact Your Life
Growing up in El Paso and being Hispanic, I was brought up with the mentality that Bankruptcy was wrong.  Since I started working at Diamond Law almost 3 years ago, my mentality on Bankruptcy has changed.  Bankruptcy to so many people is a scary step to take. After working with so many clients throughout these 3 years I have witnessed the relief bankruptcy (Ch 7...
Small Business has Alternatives What’s Best Chapter 13 Chapter 11
Chapter 13 can be used to save a small business provided  the business is a proprietorship (not incorporated and not a partnership) and provided the debt limitations of a Chapter 13 are met.   A Business Chapter 13 works best if most of the debts are unsecured and those debts that are secured can be repaid within a 5 year period.  Restructuring loans on equipment and vehicles can...

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