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As with many aspects of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), practitioners and Courts have struggled with the question of determining the treatment of automobile expenses under the Code. To date, most cases have focused...

Will Home Owners Seeking Mortgage Modification Benefit As Result of Accusations that Banks and the Lawyers Who Represent Them Engaged in a Massive Scheme of Foreclosure Fraud & Perjury to Circumvent the Laws that Govern Foreclosure. Employees of mortgage foreclosure...

The Federal Trade Commission Puts New Restrictions Debt Settlement Companies to Curb Abuses the FTC Had Ignored Despite Repeated Calls by Consumer Advocates and Enforcement Actions Brought By 20 States. On July 29, 2010, the New York Times reported that...

Frequently Asked Questions About the Bankruptcy Act of 2005  (BAPCPA) & Divorce, Support, Marital Property and Debt. The General Information Provided Is NOT Legal Advice. A Petition Filed in the United States Bankruptcy May Substantially Affect Proceedings Before the Superior...

Q. Will My Friends, Neighbors, Employer or Others Find Out I Filled Bankruptcy ? A.  Although petitions filed in the United States Bankruptcy Court are public records, the answer to that question is almost certainly NO, unless your are a...

We are sometime asked by debtors whose whose earning are being garnished and whose employer receives a second wage garnishment whether both garnishments will be enforced at the same time.  The Courts of the State of  New Jersey have explained...

In the continuing series in the New York Times on loan modifications and the foreclosure crisis, the reporter details the strange and disturbing links between the mortgage brokers who were involved in brokering the sub-prime mortgages which have threatened foreclosure...

An article in the New York Times published on June 29, 2009, highlights the confusion, difficulty and frustrations in attempting to modify your mortgage and avoid the loss of your home in a foreclosure.    See the article at http://www.nytimes.com/2009/06/29/business/29loanmod.html?ref=us.

A main issue in any Chapter 7 or Chapter 13 Bankruptcy case is the calculation of what is known as "current monthly income".    This issue is the often the most important one in determining whether a debtor qualifies for...

A continuing issue in consumer bankruptcy cases in Chapter 7, 11 and 13, is the manner in which automobile expenses are treated in the calculation of "current monthly income".   As with many aspects of the Bankruptcy Abuse Prevention and Consumer...