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Bank of America May Not Have Standing to Conduct Arizona Foreclosure

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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 […]

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Fighting Fraud in Bankruptcy Act of 2011

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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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Lawsuits and Default

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One of the most common triggering events that leads people to call me is when the received service of a Summons regarding a lawsuit. In Arizona if you are sued in state court, you will likely be served in person by a process server who will deliver at least two documents, sometimes three. If you […]

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Food Price Bubble

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The recent events in Egypt and Tunisia highlight something that many people in the U.S. have not noticed, the price of food has skyrocketed. Some economists are blaming it on increased demand in developing countries while others (myself included) believe the commodity markets and futures are causing it. Doesn’t everyone remember the summer of skyrocketing […]

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Converting from Chapter 13 to Chapter 7

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Sometimes people will enter a Chapter 13 with the best intentions of making their plan payment and their regular mortgage payments. Often they will succeed. There are times, however, when despite the best efforts of the debtor, factors beyond their control make it impossible for them to continue in a Chapter 13. One way this […]

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Tax Refund Season

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It is that time of year again: tax filing season! For some that means the joy of getting a tax refund and for those who are expecting a tax refund and also contemplating a bankruptcy filing, there are some important things to consider. If you file bankruptcy now you may forfeit your tax refund. Let’s […]

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Keeping Your Car In Bankruptcy

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Unless you are lucky enough to live in an area of town with good access to the light rail, you probably have a car to get you around town. Many people contemplating a bankruptcy are concerned about losing their car. After all, without a car, how are they to get to work and make the […]

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Supreme Court Rules On Chapter 13 Vehicle Expense

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An issue confronted by Chapter 13 debtors with above median income and no loan or lease payment on their vehicle has finally been answered by the United States Supreme Court. In In Ransom v. FIA Card Services, N.A., No. 09-907, 562 U.S. _____ (2011), the issue was “whether a debtor like petitioner Jason Ransom who owns […]

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The Bankruptcy Estate

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One of the most difficult concepts to explain during a short 30-minute consultation with a potential client is the concept of the Bankruptcy “estate.” Sometimes the easiest way to explain it is with analogy to death. When a person dies, their “estate” consists of all assets they held at the time of their death. Similarly, when […]

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Why am I doing Chapter 13?

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This is a question I tend to get a lot from my clients who are in the middle of a Chapter 13. Most often, the question is from a client who otherwise qualified for a Chapter 7 but was intent on saving their home from foreclosure and decided to file under Chapter 13 to cure […]

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