Posted On: October 30, 2009

San Jose Bankruptcy Attorney comments on the arrest of Peter Pocklington on charges of bankruptcy fraud

San Jose Bankruptcy Attorney comments on the arrest of Peter Pocklington on charges of bankruptcy fraud

Peter Pocklington, former owner of the NHL’s Edmonton Oilers, and (in)famously known to Canadian hockey fans as the man who traded Wayne Gretzky, has been arrested on charges of bankruptcy fraud related to his 2008 California personal bankruptcy filing.  In that filing Pocklington listed debts of $19.6 million and assets of $2,900.

Bankruptcy fraud occurs when you attempt to hide assets from the court to avoid having them be part of the bankruptcy proceedings. When you are preparing to file for bankruptcy, you should be as thorough as possible in listing all of your assets as well as your liabilities.  Your bankruptcy attorney can help you conduct a systematic review of all of your assets including homes, property, cars, investments and savings that can prevent an indictment for misstating your assets.  In this case, Pocklington is facing up to 10 years in prison if convicted on all of the charges.

Another result of bankruptcy fraud is that the court can void your bankruptcy decree and allow your creditors to resume collection actions against you.  Concealment of assets is the most common method of bankruptcy fraud.  Typically a person will transfer assets to friends or relatives to avoid bankruptcy liquidations.  Some choose not to list valuables because creditors cannot liquidate assets in a Chapter 7 or Chapter 13 bankruptcy filing if they are not aware of the assets. Either type is punishable by a fine of up to $250,000 and up to five years in prison for each count.

Peter Pocklington arrested in California for bankruptcy fraud charges, Vancouver Sun, March 11, 2009

Contempt motion on hold in Pocklington bankruptcy, Reuters.com, April 7, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 26, 2009

San Jose Bankruptcy Attorney comments on the relationship between payday lending and bankruptcy filings

San Jose Bankruptcy Attorney comments on the relationship between payday lending and bankruptcy filings.

The Silicon Valley Community Foundation recently released a report that shows that individuals who have approved payday loans are far more likely to file for bankruptcy within two years that people who do not utilize payday lenders.  The report claims that the average 400 percent interest rate that California payday lenders charge traps those taking out the loans into a cycle of debt and interest that typically ends in a Chapter 7 or Chapter 13 bankruptcy filing.

California, unlike more than a dozen states and the District of Columbia, has not adopted an interest rate cap of 36 percent.  California does have a cap of $300 for a payday loan, but the interest rate is not capped, which often leads a typical individual to pay $800 to pay back an initial $300 loan which is often due within two weeks.  Many individuals are unable to repay at that times due to an ongoing cash crisis, and renew the loan, which takes them farther into debt.

Bankruptcy is often the only option left for people caught in this debt spiral.  Payday lending is most prevalent among minorities and single women, who often have fewer credit options than wealthier areas.  A Chapter 7 liquidation or a Chapter 13 reorganization can reduce or eliminate the payday lending debts, which quickly overwhelm the borrowers who are struggling to keep a roof over their heads and food on the table, according to the report.

Community Foundation and Public Interest Law Firm Release Report on Payday Lending, www.siliconvalleycf.org.

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 23, 2009

Oakland Bankruptcy Attorney comments on a New York bankruptcy that could cost CalPERS more than $500 million

Oakland Bankruptcy Attorney comments on a New York bankruptcy that could cost CalPERS more than $500 million

CalPERS may lose the $500 million it invested in the Manhattan apartment complex called Peter Cooper Village and Stuyvesant Town.  CalPERS was part of an investment group that purchased the complex for $5.4 billion in 2006.  CalSTRS, another state public pension fund, has already written of the $100 million it invested in the deal.  The project, owned by a partnership led by Tishman Speyer Properties and BlackRock Inc. is expected to go into default within the next few months and is expected to file for Chapter 7 or Chapter 11 bankruptcy protection.  The value of the real estate has dropped to an estimated $2.1 billion from the $5.4 billion purchase price 3 years ago.

This is not the first significant real estate loss that CalPERS has suffered this year.  The public pension fund lost nearly $1 billion on one real estate project, known as LandSource, which filed for Chapter 11 bankruptcy reorganization protection earlier this year.  CalSTRS has lost 43% on its real estate holdings this year, and the two funds have lost more than $100 billion during the past fiscal year as their real estate, stock market and other investments declined in value.  Much of the decline was in stocks and other financial instruments, but their real estate portfolios have shrunk dramatically in value as the economy has slid into recession.

CalPERS Could Lose $500 million on N.Y. Real Estate Deal, Sacramento Bee, October 15, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 21, 2009

San Francisco Bankruptcy Attorney offers insight into the drop in bankruptcy filings in the third quarter.

San Francisco Bankruptcy Attorney offers insight into the drop in bankruptcy filings in the third quarter.

According to Automated Access to Court Electronic Records, an Oklahoma City bankruptcy management and data company, the number of business bankruptcy filings fell 4.5% in the third quarter of 2009.  This is the first month-to-month decline in the number of filings since November-December of 2006.

However the number of Chapter 7 and Chapter 13 consumer bankruptcy filings rose 2%, continuing a string of increases in the number of filings.  Since the enactment of the 2005 Bankruptcy reform laws, there had been 15 consecutive quarterly increases in the number of bankruptcy filings nationwide. While the number of consumer bankruptcy filings did rise, the 2% gain was significantly smaller than the 15.4% increase between the first and second quarters of 2009.  The slowing of the increase, coupled with rising home mortgage applications and a reduction in the new jobless benefit claims offers some hope that the worst of the economic downturn may be behind us and that the economy is beginning to rebound.

California had the third-highest year-over-year increase in per capita filings, behind Nevada and Arizona.  Arizona had the largest average filings per month increase with a 72% rise year-to year.

Some analysts believe that the 2006 and 2007 bankruptcy filings were artificially low because many people rushed to file in advance of the 2005 bankruptcy reform law changes.  That rush to file took many applicants who may have delayed their filings and put them into the bankruptcy process under the old rules.

Bankruptcy filings drop, giving hope of recovering economy, McClatchyDC.com

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 19, 2009

San Jose Bankruptcy Attorney explains how bankruptcy may benefit couples filing for divorce.

San Jose Bankruptcy Attorney explains how bankruptcy may benefit couples filing for divorce.

The current economic downturn is affecting many couples considering filing for divorce in ways they had not expected.  The real estate and investment assets they hoped to share in a division of property settlement may have dramatically shrunk in value, and the debts they have incurred may be much larger than they anticipated. All of this means that your bankruptcy attorney will be extremely valuable as you consider your divorce proceedings.

In a community property state such as California, the debts of a couple will be shared as equally as the assets.  That means couples with heavy debt loads may want to consider a bankruptcy filing to clear out the debts before they file for divorce.  A Chapter 7 bankruptcy filing can clear out a large unsecured debt load.  A Chapter 13 bankruptcy filing may allow a couple to reduce their debts and save their home from foreclosure.  An added benefit of the bankruptcy filing may be that the debt removal may make the divorce process much less contentious.

A joint bankruptcy filed before divorce proceedings is also less expensive than two separate bankruptcy filings, and eliminates the possibility that one of the spouses may later file for divorce and the creditors may pursue the full repayment from the divorced spouse.  This can be prevented by use of indemnity clauses in the divorce decree that a bankruptcy judge may consider if you are forced to repay debts after a divorce decree is granted

Your divorce attorney can help you structure a settlement that can guard against a former spouse ruining your credit rating by failing to repay debts.  Consulting with an experienced bankruptcy attorney will make that process much smoother.

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 16, 2009

Fremont Bankruptcy Attorney comments on how the Bernard Madoff Ponzi scheme has landed a Madoff associate in bankruptcy court.

Fremont  Bankruptcy Attorney comments on how the Bernard Madoff Ponzi scheme has landed an associate in bankruptcy court

In 2008 the most massive Ponzi scheme ever created in the United States came crashing down on financier Bernard Madoff and his associates.  Madoff’s scheme cost investors upwards of $65 billion and the federal government and private lawsuits are seeking to recover as much as possible.  Last week a bankruptcy court judge froze the assets of Stanley Chais, a Beverly Hills money manager accused of directing hundreds of millions of dollars from his clients into Madoff’s nonexistent investment fund.

The bankruptcy court judge overseeing Madoff’s Chapter 7 bankruptcy filing allowed Chais and his wife access to $100,000 of their accounts to cover legal and living expenses, but has frozen the remainder of their assets as the case moves through bankruptcy court. Court documents accuse Chais of funneling more than $800 million of his clients’ money to Madoff and his bankrupt investment fund.  A forensic audit also shows that more than $45 million was transferred from Madoff to Chais in 2008 as the Ponzi scheme was collapsing.

The Securities Investor Protection Corporation trustee, Irving Picard, is seeking the money transferred from Madoff to Chais to repay investors defrauded as part of Madoff’s investment scheme.  The SIPC has filed suit against Madoff, family members, and numerous investment firms and advisors that were funneling money to Madoff’s investment fund.

Judge freezes assets of Madoff figure Stanley Chais, LATimes.com, October 9, 2009

SIPC v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC Madoff Watch, Law.com

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 14, 2009

Oakland Bankruptcy Attorney offers insight into bill before Congress that will change the way student loans are handled in bankruptcy filings.

Oakland Bankruptcy Attorney offers insight into bill before Congress that will change the way student loans are handled in bankruptcy filings.

In a Chapter 7 or Chapter 13 bankruptcy filing, federal student loans cannot be discharged as part of the bankruptcy settlement process.  The 2005 bankruptcy reform law also gave that same protection to virtually all private student loans which typically do not have the favorable terms that federally guaranteed loans carry such as low fixed interest rates, flexible payment plans and other consumer protections.  Private student loans often carry higher, adjustable interest rates and offer less payment flexibility than many consumer loans.

Rep. Steve Cohen (D-Tenn) is offering legislation that will remove the special bankruptcy protection that the private loans were given because it gave private student loan lenders a “favorable, unusual” over borrowers, especially when compared to other types of consumer loans.

There have been numerous news stories about the onerous terms that many private student loans carry.  These loans can quickly more than double the original loan amounts when interest and penalties for late payments or underpayment kick in, leaving students overwhelmed with debt that they have no hope of repaying.

President Obama is advancing legislation that would remove private banks from the student loan business entirely, and have all of the student loans be issued directly from the federal government.  The Student Aid and Financial Responsibility Act, passed by the House of Representatives and currently before the Senate, would start that process beginning next year.

The good news for students is that the loans will carry more favorable terms than the private loans that some have used to cover the difference between the financial aid packages and tuition costs.  The loans will still not be eligible for discharge in bankruptcy, but the costs of the loans will be lower.

Rethinking Bankruptcy and Student Loans, Inside Higher Ed, September 24, 2009

Students tell Franken of financial woes, Morris SunTribune, October 12, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 12, 2009

San Diego Bankruptcy Attorney comments on last week’s bankruptcy hearing for Orange County Register parent company.

San Diego Bankruptcy Attorney comments on last week’s bankruptcy hearing for Orange County Register parent company.

Last week a bankruptcy court judge in Delaware overseeing the Chapter 11 bankruptcy filing of Freedom Communications Holdings Inc. declined to issue a ruling on the contested confidentiality and documents that are part of the bankruptcy case.  Freedom Communications Holdings is the parent company of the Orange County Register, and several other newspapers and television stations.  The company filed for bankruptcy protection in September citing steep drops in advertising revenue and debts of more than $1 billion.

The company filed a prepackaged bankruptcy agreed to in advance with a majority of the company’s lenders that will forgive most of the $770 million in bank debt in exchange for giving control of the company to the lenders.

The disagreement between Freedom Communications Holdings and its creditors, which includes the federal Pension Benefit Guaranty Corporation, centers on the financial documents that the lenders are requesting.  The company has asked all of the creditors to sign a confidentiality agreement before receiving the information, and the PBGC is contesting the agreement because it believes it will inhibit the agency’s ability to report to the Congress and the Executive Branch.
If the issue is not resolved, the PBGC, a potential $100 million claimant in the case, may be removed from the creditor’s committee to allow the case to go forward.   The judge has scheduled another hearing on October 14 in the case.

Hearing held on Freedom bankruptcy documents, KMPH.com, October 8, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 9, 2009

San Jose Bankruptcy Attorney comments on recent indictment in Vallejo bankruptcy fraud case.

San Jose Bankruptcy Attorney comments on recent indictment in Vallejo bankruptcy fraud case.

Recently the U.S. Attorney for the Northern District of California indicted a Vallejo woman for committing mortgage and bankruptcy fraud.  According to the indictment, Myra Holmes convinced her father to illegally transfer his interest in her home to her.  Her father had previously filed for Chapter 11 bankruptcy protection, and the transfer was completed without the consent of the bankruptcy trustee or the permission of the bankruptcy court.

After the transfer was completed, the indictment alleges that Ms. Holmes refinanced the property and removed approximately $130,000 in equity in the home, which she used to fund personal expenses and settle personal debts, including accounts at Nieman Marcus, Lord & Taylor, Macy’s and Spiegel.  She has not repaid any of the illegally-withdrawn funds to the bankruptcy estate.

The maximum penalty that Ms. Holmes is facing for concealment of assets is five years in prison, a $250,000 fine and restitution.  The penalty for bank fraud is 30 years imprisonment, a $1,000,000 fine and restitution.

Bankruptcy courts do not take kindly to actions designed to hide assets from bankruptcy proceedings.  If you have a prize possession that will be lost in bankruptcy, don’t try to sell it at a discount to a friend or relative or give it to them, with the hope of getting it back after your bankruptcy discharge is finalized.

In a bankruptcy filing, you are required to list everything that you have sold, transferred or given away for the past two years.  And none of those items can have changed hands for less than market value. It is wise to work closely with your bankruptcy attorney to be extremely thorough during this phase of the bankruptcy process.  Mistakes, or deceptions, made here can bring significant financial and legal repercussions down the road.

Vallejo woman charged with mortgage and bankruptcy fraud, USDOJ, October 7, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 7, 2009

San Francisco Bankruptcy Attorney comments on auto supplier Delphi’s emergence from bankruptcy.

San Francisco Bankruptcy Attorney comments on auto supplier Delphi’s emergence from bankruptcy.

Beleaguered auto supplier Delphi has emerged from bankruptcy after nearly four years in the Chapter 11 bankruptcy process. Delphi’s bankruptcy filing was the largest automotive industry bankruptcy in history when it was filed in 2005. Delphi, spun off from General Motors in 1999, supplies approximately 10 percent of General Motors parts for its new car assembly lines. General Motors has watched the bankruptcy process very closely due to parts shortage concerns.

Delphi Holdings LLP is the new holding company that has finalized its purchase of most of Delphi’s former assets, under the agreement negotiated with lenders and General Motors, who has agreed to provide billions in loans to the newly-formed Delphi.

The new Delphi has renegotiated labor agreements that have dramatically reduced its operating costs and make it more competitive with auto suppliers. During the bankruptcy process Delphi sold off a number of plants and cut thousands of jobs in its quest to become a viable concern despite the dramatic reductions in the auto industry.

Delphi nearly emerged from bankruptcy in 2008 but financing concerns and tight credit markets forced it to continue negotiations with lenders, who ultimately purchased control of most of the company’s assets in an 18-hour auction process in June, 2009.

Delphi Emerges From Bankruptcy, WFSB.com, October 6, 2009

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys. After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you. Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs. Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 5, 2009

San Francisco Bankruptcy Attorney comments on the dramatic rise in bankruptcy filings in Southern California

San Francisco Bankruptcy Attorney comments on the dramatic rise in bankruptcy filings in Southern California

Before you take the step of filing for bankruptcy, it is wise to read up on the law, the different types of bankruptcy filings (Chapter 7, Chapter 11, Chapter 13) and the options you have within the bankruptcy law.  Here are some resources for you to use that will help you ask more insightful questions of your bankruptcy attorney, should you decide to file for bankruptcy protection.

The American Bankruptcy Institute has a web site for consumer bankruptcy that is full of useful information on the bankruptcy process.

Some good books on the topic of bankruptcy include:

CHAPTER 13 BANKRUPTCY, 9TH ED. by Stephen Elias and Robin Leonard

HOW TO FILE FOR CHAPTER 7 BANKRUPTCY, 15TH ED. by Stephen Elias, Albin Renauer and Robin Leonard

THE PERSONAL BANKRUPTCY ANSWER BOOK by Wendell Schollander

Credit After Bankruptcy by Stephen Snyder

These resources will provide you with a wealth of information that you can use to determine if bankruptcy is the right solution for you.  They will also help you be an informed consumer as you meet with your bankruptcy attorneyBankruptcy is not a do-it-yourself proposition.  The risks are too high and the rules are too stringent for you to go it alone.  Consult an expert bankruptcy attorney if you are considering filing for bankruptcy.

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

Posted On: October 2, 2009

San Jose Bankruptcy Attorney explains how the 2005 Bankruptcy Reform law has failed

San Jose Bankruptcy Attorney explains how the 2005 Bankruptcy Reform law has failed

In 2005, significant changes to the federal bankruptcy code were enacted at the behest of the credit card companies.  The goals of the reform were to reduce the number of bankruptcy filings and to move more people from Chapter 7 liquidation filings to Chapter 13 reorganization filings.  Analysis of the data shows that the law has had no effect on either goal.

The number of bankruptcy filings has reverted to the mean number that existed prior to the law’s enactment.  The percentage of Chapter 13 bankruptcy filings has been in a steady decline following the post-enactment spike and has also reverted to the mean that existed prior to 2005.  So who has been the big winner in this?

It appears that the credit card companies have been the big winners.  While the number of Chapter 13 reorganization plans, complete with repayment schedules has dropped, the credit card companies have continued to collect interest and payments during the lengthened process that the reform law has created.  Many people file a Chapter 13 reorganization and cannot live under the payment plan.  After two years they can file for a Chapter 7 liquidation, but the credit card companies receive two years of payments prior to the Chapter 7 filing.  At the exorbitant interest rates charged on many cards, those two years of payments make all the money they spent on lobbying Congress for reform worthwhile, despite the fact that the bankruptcy filing numbers have not appreciably changed.

If you have a question regarding Bankruptcy please contact us at 1-800-941-6730 or visit www.bkanswers.com and we can connect you with one of our experienced Bankruptcy Attorneys.  After you have spoken with one of our bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, a stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.