Filing Bankruptcy When You Work for a Bank

What do you do if you need to file bankruptcy but you work for Bank of America or Chase, Wells Fargo, or any bank for that matter? Even worse, what if you owe your employer money? This question comes up rather often. I have represented a number of bank employees, everyone from tellers to loan officers. These employees are worried about adverse employment actions being taken against them based on...
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How can I pay for a bankruptcy when I am broke?

This is quite possibly the most frequently asked questions I hear. After all, if you cannot pay your debts and need to file a bankruptcy, where are you supposed to find the $1k-$2k it will cost to pay your bankruptcy attorney? Here are some things to consider with regard to paying for bankruptcy. If you have no money at all, no job, and no property that you could sell to pay your...
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Loan Modification & Bankruptcy

Homeowners seeking to modify their loans under the HAMP program may encounter issues with the loan modification when they file for Bankruptcy under Chapter 7 or Chapter 13. In the early days of the HAMP program I used to caution people who were still in their trial modification term to wait until it was over before filing a Chapter 7. The reason was that lenders would routinely cancel the trial...
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Bank of America May Not Have Standing to Conduct Arizona Foreclosure

In early June, the Ninth Circuit Court of Appeals Bankruptcy Appellate Panel issued several decisions in similar cases dealing with the issue of whether lender has standing to prosecute a motion to lift the automatic bankruptcy stay. One of these cases, Sardana v. Bank of America, N.A., contains some interesting insights into the way Bank of America assigned notes and retained servicing...
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Fighting Fraud in Bankruptcy Act of 2011

On May 25, 2011, Senator Patrick Leahy (D-VT) introduced a bill (S.1054, full text available here) titled the “Fighting Fraud in Bankruptcy Act of 2011″ (hereinafter “FFBA”). The FFBA is aimed at providing additional tools to the U.S. Trustees to protect homeowners from lenders who file fraudulent claims. These additional tools consist primarily of remedies against those...
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Donate to a Good Cause

The world is becoming an increasingly stratified place. Many people have prospered through the recent recession and many people have struggled. We are all, however, in this world together. One irony of financial downturns is that those people who may need legal help the most are the least likely to be able to afford it. While there are numerous public interest organizations our there that provide...
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