Go to jail card Monopoly imageJuly 18, 2014 PHH Mortgage Services, a loan servicer in N.J.  learned that the Yuba Superior Court jury was not sympathetic to its failure to act in a reasonable manner with regards to the modification of a home loan.   PHH suffered one outrageous atrocity after another  on the homeowner.   It turned into a $16.2 million jury verdict against a nationwide loan-servicing company comprised of $514,000 in compensatory damages and $15.7 million in punitive damages.  The plaintiff’s attorney ranked this verdict the highest jury award in years.  Andre Chernay and Jon Oldenburg of the United Law Center in Roseville took on a Goliath and won.  We all should thank them for their service.
The story is one that thousands of homeowners have experienced over the last 8 years: job loss, financial collapse, and possible bankruptcy.  The homeowner diligently works with the lender to reduce payments, following the lender/servicer’s instructions only to find complete mismanagement by the lender/servicer to properly document agreements and then the initiation of a foreclosure.

(posted 4 days 19 hours ago)

We recently launched a website for our Oregon and Washington Student Loan Law Practice. We are thrilled to be helping student loan borrowers in our community lessen their student loan burdens. As one of very few graduates in the Pacific Northwest of Joshua Cohen’s Student Loan Seminar and as a long time member of the National Association of Consumer Advocates, I am eager, willing and able to help consumers across both Oregon and Washington obtain better student loan terms. Our Student Loan Law site can be found at Oregon and Washington Student Loan Attorneys 
The original post is titled New Oregon and Washington Student Loan Law Site , and it came from Portland Bankruptcy Attorney | Northwest Debt Relief .

Oregon Bankruptcy Lawyer
(posted 5 days 3 hours ago)

Eric Monzo will be a panel member at the July 24th American Bankruptcy Institute’s 19th Annual Southeast Bankruptcy Workshop in Amelia Island, Florida.
More states are adopting asset-protection trust statutes and as a result, there is an increasing trend of cases discussing the validity of these trusts in the bankruptcy context. Mr. Monzo will be discussing these decisions and will provide practical tips on how to avoid common pitfalls relating to the creation and litigation involving such trusts, specifically Delaware domestic asset protection trusts.

(posted 5 days 23 hours ago)

capitol washington dc
Olivia Pope, the Washington, DC based protagonist in the hit television series Scandal has a unique approach and skills to handling any crisis she confronts. You can use these same skills to confront a financial crisis in your personal or business life and come out on top.
First, Olivia does not doubt her confidence to handle any issue. She uses that confidence to act quickly. You can do the same, and must do the same to act quickly to address your financial issues. Don’t let the “bleeding” continue needlessly. Act with speed to assess your situation.
Second, Olivia has assembled a team that is recognized to have the ability to quickly provide help in that area. You can do the same by quickly and without delay employing your legal team to help you with your financial crisis. Meet with an attorney immediately, without delay, and make sure they are as equipped as Olivia’s team always is to help you. Research their competence.

(posted 6 days 2 hours ago)

Delaware Bankruptcy Insider

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(posted 6 days 2 hours ago)
The Indubitable Equivalents play at the House of Blues in Cleveland
Indubitable Euqivalents archives

For a few hours on Saturday night, Judge Steven Rhodes—the man in charge of Detroit’s bankruptcy—will put aside his law books and pick up his guitar.
For nearly a decade, Judge Rhodes has played with the Indubitable Equivalents, a band of bankruptcy pros that play classic rock warhorses like “Born to Be Wild,” “Honky Tonk Women” and “Running on Empty.”
The band—whose name means “something of equivalent value” in legalese—will hit the stage this weekend for the first in more than a year at an American Bankruptcy Institute conference in Vermont.
Judge Rhodes isn’t the type of rocker who’s going to be kicking over amplifiers, but one band member called him “totally un-judge like” for how well he listens and his lack of ego.
Lead singer Mitch Ryan said he relies on Judge Rhodes to play the starting key to the next song on his Taylor T5 guitar; his sheet music is always in order.
“If he’s not there, I’m kinda lost,” Mr. Ryan said.

WSJ.com: Bankruptcy Beat
(posted 6 days 2 hours ago)

It’s a beautiful day for the beach.  Even though some of us may be at the beach today (and if you are at the beach, why didn’t you invite us?), bankruptcy, like time, waits for no one.  Wherever we happen to be, ‘tis the season for a little something light – or at least lighthearted.  In the spirit of summer Fridays, we wanted to take the opportunity to bring you some of the colorful quotes that we’ve come across in bankruptcy decisions over the past few months.  And for those of you who crave more: worry not – we’ll keep combing our records in efforts to bring you further installations of Bankruptcy Beach Reading as we continue to geek out over hidden gems like these!

Creditors Behaving Badly
In re Himes, 2014 WL 2442062 (Bankr. C.D. Ill. May 29, 2014) (Fines, J.)
A creditor texted the debtor the following:
Boy the apple doesn’t fall very far from the tree does it. You are such a lying piece of * * * *.  Nobody at that table believed a word you said today. You should have had your lying piece of * * * mother coach you before you went to court. She’s a much better liar, or I should say perjurer than you are, but she had more practice also. They are not done with you. Marsha is watching both of you closely.”

(posted 6 days 3 hours ago)

Number 8Today marks the eighth anniversary of the launch of Credit Slips. That means we have been around long enough to get tenure at most universities. Now, if we only can get through the review letters.
One thing that I have learned from administering the blog is that its path is never linear. We have had a lot of comings and goings over the eight years, and I certainly can't predict what the next year will bring. Our goal will remain the same of trying to provide occasionally insightful commentary on topics in the credit, finance, and bankruptcy space that is of interest to opinion leaders in law, policy, and the media.
The comments on the blog continue to offer some of the best conversations on the Internet. The expertise and civility of the discussions prove that there are still places in this world where reasonable people can discuss different points of view without screaming at each other. 

Credit Slips
(posted 6 days 3 hours ago)

8717466531_3c0832952a_zGetting a check from the government isn’t necessarily a great thing.
Not when it’s the government returning YOUR money as a tax refund.  You’ve struggled without the money for a year while Uncle Sam used it without interest.
But it’s even worse when you’ve filed bankruptcy during the tax year, and come April, the bankruptcy trustee demands the turnover of a portion of the refund as having accrued before you filed bankruptcy.
Ouch!  You lose twice.
Cut your creditors out of your tax refund
Part of your pre bankruptcy planning should include a look at your current year withholding.
If you usually get a substantial refund, or if something in your tax life suggests you’ll get a big refund for the year you file bankruptcy. do something!
The trustee can demand a portion of the refund only if there IS a refund.
Decrease your withholding as soon as you decide to file bankruptcy such that your reduced withholding for the last part of the year brings you close to the amount you expect to owe.

(posted 6 days 4 hours ago)