Jonathan Ginsberg’s piece about the murky language of notices from the bankruptcy court struck a cord. In an attempt to provide notice, they sow confusion. ? But my pet peeve is the client who calls up and says, literally, “I got this letter from {insert name of court or creditor, or trustee}.? What does it…
If the headline drew you in, like the Geico gecko, you can complain you’ve been duped in bankruptcy, you disclose everything. Period. My colleague David Leibowitz, himself a bankruptcy trustee, writes about things frequently omitted from bankruptcy schedules., and the possible consequences. In my experience, the problem is not so much an intention to conceal…
It’s happened again:? there’s an email in Monday morning’s inbox from a client whom I first met weeks ago, who tells me they want to file before Wednesday’s mediation in state court!? I have no creditor information, representation agreement, money, or credit counseling certificate. Just as? inconvenient, I’m not sure I have staff who can…
Even if your creditor gets a judgment against you in California, the debt underlying that judgment remains just as dischargeable as it was before the case was filed. ? And apparently differently from New York, a judgment in California does not automatically become a lien on the defendant’s property. The discharge of a debt in…
Debt settlement companies can seldom deliver what they promise, to the increasing concern of consumer protection agencies. Yet their pitch that “settling your debts” is superior to bankruptcy. It ain’t so. All too often the client of the debt settlement company is exposed to continuing collection calls, lawsuits, plumeting credit scores, and garnishments while the…
