Blog Posts in October, 2010
Posted on Oct 26, 2010 By Joseph Tosti
Most people would like to avoid bankruptcy if they can. Sometimes alternatives are worth trying, but it pays to know the risks. A good bankruptcy lawyer never pushes someone into bankruptcy but, ...
Continue reading "Alternatives to Bankruptcy" »
Posted on Oct 21, 2010 By Joseph Tosti
Banks do not want to go to trial in mortgage foreclosure cases . Judges and the Wall Street Journal still do not get it. Banks want to avoid trial because trial shines a light on the facts of a case. ...
Continue reading "Why Banks Robo-Sign Mortgage Documents." »
Posted on Oct 20, 2010 By Joseph Tosti
Modification of home loans in bankruptcy was promised by candidate Obama before his election as President. Current bankruptcy law prohibits modification of a loan secured against the debtor's ...
Continue reading "Why Hasn’t Obama Supported Judicial Modification?" »
Posted on Oct 20, 2010 By Joseph Tosti
Crystal Cathedral Ministries in California (best known for its " Hour of Power ") announced yesterday that it is seeking the protection of Chapter 11 bankruptcy to protect it from its creditors. The ...
Continue reading "Crystal Cathedral Ministries announces plans to file for bankruptcy protection" »
Posted on Oct 12, 2010 By Joseph Tosti
If you are behind in the mortgage payment on your home , there are several things you can do. One way to stop a foreclosure is to file bankruptcy. Once filed, there is an automatic stay that goes into ...
Continue reading "Mortgage and Bankruptcy: Save Your Home!" »
Posted on Oct 11, 2010 By Joseph Tosti
Growing case law suggests that debtors should hope the bankruptcy court does not approve their car reaffirmation agreement . Huh?, you say. If you've agreed to reaffirm, and essentially waive the ...
Continue reading "Reaffirmation Agreements- Drive Happily into Sunset" »
Posted on Oct 4, 2010 By Joseph Tosti
You can't turn on a radio or watch TV without hearing or seeing commercials for debt settlement companies that suggest that they are a better choice than bankruptcy. Many, including myself, believe ...
Continue reading "Why Bankruptcy Is A Better Choice Than Debt Settlement? A Case Study!" »
Posted on Oct 4, 2010 By Joseph Tosti
A little over a year ago, Bankruptcy Law Network contributor Cathy Moran wrote a post on this blog about the 9th Circuit's decision in the MBNA v. Ransom case. At issue was the question of whether an ...
Continue reading "Supreme Court to Decide Meaning of Key Means Test Provision" »
Posted on Oct 4, 2010 By Joseph Tosti
Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. While the Bankruptcy Code says that student loans may be discharged if the debtor shows ...
Continue reading "Bankruptcy Appellate Panel Gets Student Loan Test Right" »