Tuesday, February 12, 2013
Credit Counseling
DebtorWise $25 for pre-filing Credit Counseling and $15
for post-filing Debtor Education courses for single filers. Telephonic
courses are $34.95 for pre-filing Credit Counseling and $24.95 for post-filing Debtor Education.
Casey Anthony Files Bankruptcy.
In Anthony’s bankruptcy petition, she reports less than $1,100 in assets and
approximately $792,000 in liabilities. Her largest liability
is $500,000 in attorney fees and costs for her criminal defense.
Other debts
include $145,600 for the Orange County Sheriff’s Office (judgment for
investigative fees and costs related to the case), $68,540 for the Internal
Revenue Service for taxes, interest and penalties, and $61,505 for the Florida
Department of Law Enforcement for Court costs.
To view Casey Anthony’s
bankruptcy petition, click
here.
Friday, February 8, 2013
Revised Bankruptcy Forms
Revamped Consumer Bankruptcy Forms Out for Public Comment
The Judicial Conference Committee on Rules of Practice and Procedure is asking for comment on the first proposed modernization of bankruptcy forms in two decades. The revised forms, published for comment, are all used by individual debtors and include the fee waiver and installment fee forms, income and expense forms, and the means test forms, replacing previous forms. The comments, submitted by the public, will be reviewed over the coming months and will be used to fine-tune the forms. The deadline for submitting comments is Feb. 15
Click here to review the revised forms.
Wednesday, February 6, 2013
Unlocking Your Phone is Now a Crime
If you live in the United States, starting Jan. 25, 2013, it is illegal to unlock your iPhone, or other cellphone, in most cases.
Unlocking
When people want to change phone companies without having to buy a new iPhone, many people "unlock" their iPhones. Unlocking refers to using software to modify the phone so it works with more than one phone carrier. Some phone companies will unlock phones under certain conditions, others are a bit less welcoming of this (after all, if you're locked to their network, the likelihood is that you'll stay their customer). As a result, some people unlock their phones on their own or pay other (non-phone) companies to do it for them.
Thanks to the new ruling by the U.S. Library of Congress, though, this is no longer legal.
The Ruling
The Library of Congress has authority over the Digital Millennium Copyright Act (DMCA), a 1998 law designed to govern copyright issues in the digital age. Thanks to this authority, the Library of Congress provides exceptions to and interpretations of the law.
In Oct. 2012, the Library of Congress ruled on how the DMCA affects unlocking all cellphones, including the iPhone. That ruling, which starts on page 16 of the linked PDF, went into effect on Jan. 25, 2013. It says that, because there are a number of phones that users can buy unlocked right out of the box (instead of having to unlock them with software), unlocking cellphones is now a violation of the DMCA and is illegal.
Friday, November 16, 2012
Weidner Oral Argument 2nd DCA
AHMSI V. HASSELL
http://mattweidnerlaw.com/blog/2012/11/bombshell-stuff-video-playback-of-oral-arguments-before-the-second-district-court-ahmsi-v-hassell/?utm_source=rss&utm_medium=rss&utm_campaign=bombshell-stuff-video-playback-of-oral-arguments-before-the-second-district-court-ahmsi-v-hassell
Sunday, November 4, 2012
Preparing for your Bankruptcy
Get your free credit report at www.AnnualCreditReport.com
Cheap Credit Counseling- Pre-Filing Course. Consumer Bankruptcy Counseling is now available for $5 from the website: http://www.consumerbankruptcycounseling.info/ or
The Justice Department also provides a list of approved counseling agencies at http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
Cheap Credit Counseling- Pre-Filing Course. Consumer Bankruptcy Counseling is now available for $5 from the website: http://www.consumerbankruptcycounseling.info/ or
The Justice Department also provides a list of approved counseling agencies at http://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
Tuesday, October 9, 2012
Wednesday, June 13, 2012
Case Law Update
Drummond v. Welsh (In re Welsh), Means test allows debtor to
deduct from current monthly income payments on secured debts; debtor need not
take into account Social Security income to satisfy § 1325.
Deutsche Bank National
Trust Company v. Clarke
January 2012
The trial court entered a directed verdict in favor of the
defendant, finding that the Plaintiff's failure to enter the original note and
mortgage at trial was fatally defective to its case. During the course of the
trial, the court inquired as to the location of the originals. "The
original note had been filed with the clerk of the court and was in the court
file in preparation for an earlier scheduled summary judgment hearing."
The trial court stated it would accept the use of copies after being
advised of the originals whereabouts. There was no objection to the use of the
copies pursuant to the best evidence rule. Fla. Stat. § 90.953 (2010). The
court reserved ruling and did not enter its order until the trial was
concluded.
In overturning the trial court's order, the Fourth DCA not only
made an evidentiary ruling, it also harmonized a series of cases addressing the
need to tender the original documents to the trial court in foreclosure
proceedings. Through its opinion, the Fourth DCA has held the tender of the
documents to the court at any time during the foreclosure action should be
sufficient.
McNeal v. GMAC Mortgage,
LLC, Homecomings Financial, LLC
March 11,2012
The holding in McNeal v. GMAC Mortg., LLC (In re McNeal), 2012
U.S. App. LEXIS 9589 (11th Cir May 11, 2012) is based on the concept that
Dewsnup - which involved an attempt to cramdown a partially secured mortgage -
did not overrule, explicitly, the Folendore decision. Accordingly, it remains
good law, and a three judge panel cannot overrule an earlier three judge panel.
The undercutting of the Folendore reasoning by the Supreme Court was not
sufficient to allow lower courts to disregard binding precedent of the earlier
11th Circuit decision.
At present, stripping mortgages in Chapter 7 is permitted in the
11th Circuit.
Castillo v Deutsche, June
6, 2012
The Florida Third District Court of Appeals ruled on an issue that
relates to borrower claims that an investor must establish compliance with its
obligations under a Securitized Trust Agreement as a condition of enforcing a
note and mortgage held by the trust. The Court ruled that the borrower does not
have standing. This ruling is subject to a motion for rehearing and is not
final but confident it will stand.
In the News
Virginia Ruling Holds that Mortgage Lenders Must Hold
Face-to-Face Meetings Before Foreclosure in FHA/HUD Loans
A borrower is generally not eligible for a new FHA-insured mortgage if, during the previous three years his/her previous principal residence or other real property was foreclosed, or he/she gave a deed-in-lieu of foreclosure.
Exception: The lender may grant an exception to the three-year requirement if the foreclosure was the result of documented extenuating circumstances that were beyond the control of the borrower, such as a serious illness or death of a wage earner, and the borrower has re-established good credit since the foreclosure.
Recent changes to the HARP Program
removed the maximum percentage amount that a property can have an underwater
mortgage. Prior to December 1, 2011, the maximum amount that a property could
be underwater was 125% of the loan balance.
This means that if a property is valued at $100,000, the maximum that the
mortgage being refinanced would be $125,000 or 125% of $100,000. This would
also be referred to as 125% LTV or loan-to-value.
HarpMortgageLender.com is a comprehensive online resource for underwater
homeowners who are looking for non-biased information about their options to
stay and refinance or consider a short sale.
foreclosure rescue scams overview
The Mortgage
Forgiveness Debt Relief Act generally exempts you from being taxed on up to
$2 million of mortgage forgiveness on your primary residence through the end of
2012 as long as its due to a decline in the value of your or your financial
situation. That means you’ll want to avoid turning it into a vacation or rental
property first or waiting until after the act is scheduled to expire at the end
of the year.
Friday, June 8, 2012
Thursday, May 24, 2012
HAMP SCAM WARNING
SIGTARP, CFPB, and Treasury today issued a fraud alert to the Armed Services community to combat scams targeted at homeowners seeking to apply for mortgage assistance through the Home Affordable Modification Program (HAMP) and other federal programs.
HAMP SCAM WARNING
http://www.sigtarp.gov/Press%20Releases/Military_Fraud_Alert_Press_Release.pdf
Tuesday, May 8, 2012
Means Test New Income Guidelines for Ch. 7
Household Size
1 person $42,053
2 people $51,299
3 people $54,508
4 people $64,722*
*$7,500 for each additional person
1 person $42,053
2 people $51,299
3 people $54,508
4 people $64,722*
*$7,500 for each additional person
Tuesday, May 1, 2012
Judge Alexander Paskay
PASKAY, Judge Alexander L., of
Tampa, passed away on April 27th, 2012, at his home, surrounded by his loved
ones. He was 89. Judge Paskay was born near the famous Danube river on November
5th, 1922, in Mohacs, Hungary.
In essence, the Judge was born
into the legal world and it would be his number one passion for the rest of his
life. His father was a prominent attorney, as well as Vice Mayor and City
Attorney. Thus, Alexander and his three sisters, grew up in a state-provided
castle, built in 1500 AD where he had a happy, privileged life. At home, his
favorite pastime was bedeviling a long string of governesses, with his solo
soccer games echoing within the massive corridors of the palace. After a Jesuit
high school education, at his father's urging, he headed straight off to the
University of Budapest Law School. As always, Alexander did well in his
studies, but an exotic new interest entered his life in the form of music,
theater and cinema. He swiftly became the youngest arts critic for the top
Budapest weekly newspaper. Alexander was truly enjoying this new facet of his
life, away from the dry and sterile legal bubble in which he usually lived. In
fact, his father worried that his son was having too much fun, hob-nobbling
with his new show business pals - especially the attractive starlets often seen
on his arm. In short order, Papa Paskay ordered his son home, immediately after
graduation. Once back in the family fold, Alexander worked in his father's firm
by day, and studied for the Hungarian Bar at night. He easily passed his exams,
but his promising legal career was abruptly derailed by World War II. He was
able to keep himself out of the fray for many lucky months. But in 1944,
Alexander was captured by the German Army and forced to dig trenches for the
enemy on the Western Front. Along with two friends, one night he engineered an
escape from their German guards and made his way through France and finally
into the safe hands of British Intelligence. As the war was now ending, and
because he spoke 5 languages, he became Staff Chief Interpreter for the British
Army and Interpreter of the British War Crimes Commission. Until 1949 he also
worked for the French Army helping to relocate displaced persons in the French
Zone of Occupation. Now a war refugee himself, Paskay made sure his family in
Hungary was safe and then emigrated in 1949 to the US with only 5 dollars in
his pocket and the dream of starting a new life in America. Alexander
ultimately settled in Miami where, the day after his arrival, he met 20
year-old, Rose Mazzaglia. Within two weeks of meeting Rose he felt he had found
the woman of his dreams, and promptly proposed. Though she never actually said
yes or no - the couple did marry one year later. Thus embarking on their 62
years of love and life together. In 1952, Alexander became a US citizen and,
while holding down two jobs, he attended night school at the University of
Miami School of Law, where he graduated third in his class in 1958. During
these years he and Rose had two sons, Rick and Steve. After passing the Florida
Bar, Alexander was lucky once again to find employment as senior Law Clerk for
Federal Judge Joseph P. Lieb. Once Alexander began working within the judicial
system he became very interested in the US legal concept of bankruptcy. It was
a perfect fit for his deeply held philosophy that every person deserved at
least one second chance in life. In 1963, when the Court found the need for a
full-time Bankruptcy Judge in the Middle District, the newly-appointed Judge
Paskay and his family moved to Tampa. There the eager young jurist would begin
a historic 48 year career that ended in December of 2011. Judge Paskay was a
member of the American Bar Association, Florida Bar Association, Hillsborough County
Bar Association, Tampa Bay Bankruptcy Bar Association and the Southwest Florida
Bankruptcy Professional Association. He was admitted to practice before the US
Supreme Court, 5th and 11th Circuits Courts of Appeal and all federal courts.
He served in the past as Chairman of the Bankruptcy Committee of the Florida
Bar and served on the Board of Governors of the National Conference of
Bankruptcy Judges. Judge Paskay also served as Vice President and was on the
Board of Directors of the American Bankruptcy Institute and a faculty member
sponsored by the ABI. Judge Paskay was a fellow of the American College of
Bankruptcy, inducted into its original class at the Supreme Court in Washington
DC. Judge Paskay is the author of thousands of legal opinions, publications and
books including: "Creditor's Rights", "Handbook for Trustees and
Receivers", co-author of the "14th Edition of Collier on
Bankruptcy", and he was a principal contributing editor of "Norton
Bankruptcy Law and Practice". In 1979 the Judge was appointed by US
Supreme Court Chief Justice Burger to the Advisory Committee on Bankruptcy
Rules and Practice and served on that committee until 1984. Thereafter he was
appointed to serve on the Task Force of the Administrative Office of US Courts
charged with the revision of the official Bankruptcy Forms. After the fall of
communism in Eastern Europe and Asia, Judge Paskay was appointed by the US
Government to lecture on bankruptcy law in the newly emerging liberated
countries of Russia, Slovakia and Albania. He was instrumental in guiding those
emerging democracies in the concepts and protections needed in their bankruptcy
laws being written at that time. Judge Paskay was an Adjunct Professor of Law
at Stetson University College of Law since 1973. Since 1976 he was the Chairman
of the annual Alexander L. Paskay Seminar on Bankruptcy Law and Practice
sponsored by the Stetson University College of Law and the American Bankruptcy
Institute. Since 2005, Stetson University has awarded the Alexander L. Paskay
Endowment Scholarship to many of its most notable graduates. He was inducted
into that school's Hall of Fame in 2007. The Judge leaves behind a loving and
grieving family: his wife Rose; his sons Richard and Steven; his
daughter-in-law Licia; and his sisters Martha, Lucia, Csoppi and their
families. He also leaves behind hundreds of friends and admirers around the
world. As well as a loving and devoted staff headed, by Ms. Mary Morrison, plus
a legal legacy unmatched in the US Bankruptcy Courts. Judge Paskay was known
for his sense of humor, both on and off the bench. He was also an avid tennis
player until the age of 87, (yes, in this heat!). He was also a world traveler,
a huge international soccer fan, and a well-known griller of killer steaks for
his family on many a Saturday night. In lieu of flowers memorial donations may
be made to: the Alexander L. Paskay Endowed Scholarship at Stetson University
in Gulfport, the Moffitt Cancer Center Foundation in Tampa or Lifepath Hospice
of Tampa. The family would like to thank the staff of the Tampa General
Hospital Rehabilitation Center and the Lifepath Hospice-Burgundy Team for their
loving care and support of the Judge in his final days at home. The Honorable
Alexander L. Paskay has banged his gavel for the last time, but not before
touching and inspiring the lives of thousands of people during his 89 years on
Earth.
Friday, April 27, 2012
Judge Paskay
Wednesday, March 7, 2012
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