Tag : Fraud

The Truth About Bankruptcy You Haven’t Heard

Chapter 13, Chapter 7

Why does Dave Ramsey, the Bible Belt personal finance guru, insist that filing personal bankruptcy is a “painful, life-changing experience. It hurts?” It’s because he himself filed for personal bankruptcy and had a bad experience.  Dave Ramsey also currently makes a very good living from selling “hope” in books and programs and “financial peace.” I […]

How Do We Know When Evidence is Authentic

Bankruptcy Law Overview, Chapter 13

Bankruptcy law is federal law and thus, the Federal Rules of Evidence apply in bankruptcy proceedings. When parties want evidence to be admitted in a bankruptcy case the court requires it to be relevant and authenticated.  However, most practitioners may not have paid much attention in evidence class to effectively lay a proper foundation for […]

R is for Real Party in Interest Rule

Bankruptcy Alphabet, Chapter 13

Federal Rules of Civil Procedure (F.R.C.P.)  §17 governs who may sue or be sued and it is this rule that creates particular problems when loan servicers and other entities file Proofs of Claim in a debtor’s Chapter 13 bankruptcy case. Rule 17 is incorporated into Federal Rules of Bankruptcy Procedure (F.R.B.P.)  §3001, which requires a […]

Q is for Qualified Witness

Bankruptcy Alphabet

Since the mortgage crisis of 2008, we’ve heard a lot about the mysterious and elusive “robo-signors,” who crop up like cockroaches.  Just when you think you’ve killed one off, another name shows up.  They have been working in the back rooms of national law firms and loan processing companies like Lender Processing Services, and one […]

Breaking Story in Central District: Bankruptcy Hijacking

Bankruptcy Law Overview

Tales of woe about bankruptcy “hijackings” began lighting up our local listserv last month where consumer attorneys discussed fraudulent Proofs of Claim that sounded so bizarre that they couldn’t possibly be true. Then, just the other day, we received this message: Due to the current rampant bankruptcy “hijacking” problem that is occurring within the Central […]

Bankruptcy Lawyers Guest On Real Estate Radio AM830 This Sunday at 10 a.m.!

Automatic Stay, Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

Tune in to AM830 this Sunday morning from 10 a.m. to 11 a.m. when my partner John Greifendorff and myself, Christine Wilton guest on Real Estate Radio-Southern California with our host, Ron Siegel! Ron Siegel is host of “Real Estate Radio – Southern California” on ESPN Radio AM 830 KLAA Sunday’s from 10-11AM. Every Sunday, […]

Foreclosuregate: California Edition

Bankruptcy & Civil Litigation, Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

The foreclosure crisis is heating up in the media.  Last Friday, Attorney General Jerry Brown issued this Press Release saying, “All lenders should halt foreclosures until they clear up this mess and ensure that the process is fair and complies with California law,”  Brown said. “Bank of America has taken an important step, and the […]

NJ Housewives Celebrity Bankruptcy is Worthy of its Own Reality Show

Bankruptcy Law Overview, Chapter 13, Chapter 7

Here’s a tip; if you’re going to live extravagantly, don’t make that lifestyle the focus of a reality show. Teresa Guidice starred in the reality show, Real Housewives of New Jersey, with her husband Giuseppe.  Mrs. Guidice was often featured on the Bravo show going on outlandish spending sprees to furnish their newly constructed and […]

Don’t Get Stung in a Short Sale

Chapter 7

American homeowners are still in trouble with mounting mortgage defaults and depressed property values. The lenders and loan servicing companies are non-responsive to their customers and HAMP has had an embarrassing 20% success rate, which leaves homeowners high and dry when it comes to help with their mortgages and distressed properties. Getting out from under your upside down […]

Creditor Fraud On The Court Through Fake Documents

Chapter 7

On May 16, 2010 Max Gardner published a blog article entitled, Fake Documents and Fraud on the Court.  We are in the midst of a national foreclosure crisis and debtor’s counsel throughout the nation are finding themselves defending their clients, not just against losing their home, but losing their home because their lender manufactured fake […]

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