J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.
Chief Judge Karen S. Jennemann, the
chief judge of the United States Bankruptcy Court, Middle District of
Florida, has recently announced an initiative to bring all the
divisions of the bankruptcy court within the district under the same
policies, local rules, and procedures. This is expected to help everyone,
including attorneys, pre se parties, and court personnel, to more
efficiently operate within the district.
Toward this goal, as of April 23,
Raymond Waguespack will be the “project manager over the
court committees created to unify the processes and procedures of our
divisions.”
Judge Jennemann has also announced
“open door” hours for the purpose of allowing anyone to express
any concerns regarding the bankruptcy court. Obviously, she will not
be able to discuss individual cases, but she is interested in hearing
ones thoughts concerning the Court.
The open door office hours are as follows:
ORLANDO
DIVISION
Dates: April 16, 2012, July 23, 2012,
and October 29, 2012
Time: 2:00—4:00 PM
Place: Fifth Floor Conference Room
(room across from Courtroom A)
TAMPA DIVISION
Dates: April 24, 2012, July 17, 2012,
and October 24, 2012
There is really no need to tell you the
economy not doing very good. Although bankruptcies have slowed in
the Middle District of Florida, and some people are now finding
employment after being unemployed for an extended time, foreclosures
appear to be steady, though it appears, as predicted by some, to be
the beginning of a second wave. This would have been hard for anyone
to predict in an election year.
The stories surrounding bankruptcies
and foreclosures are vast, to say the least. They range from the
breadwinner losing his or her job and loan documents being lost, to
fraudulent loans being orchestrated and lost of destroyed documents
being recreated. While some states have attempted to handle the
problem by allowing non-judicial foreclosure proceedings similar to a
typical collection on a titled asset (like an automobile), other
states do not permit such actions. Here, in Florida, it is difficult
to see how non-judicial proceedings could be done on homestead
property in keeping with our Florida State Constitution which
contains homestead protections.
Mortgage modifications were looked at
as being a possible answer to the foreclosure crisis. The Florida
Supreme Court even ordered mediation for all homestead property being
foreclosed on (with some exceptions). However, both the
modifications and mediations have been highly ineffective, resulting
in the Florida Supreme Court to lift its order directing mediation
for homestead properties.
In Central Florida, mediation through
bankruptcy has been surprisingly successful. The practice is now in
for a trial run in the Jacksonville Division, however, since the
Florida Supreme Court lifted its mediation order, it is not yet known
how successful it will be.
The following is a letter disseminated to the membership of NACBA from Ike Shulma, the Chair of the NACBA Legislative Committee, regarding ongoing efforts towards allowing for the discharge of student loans.
As you may know, NACBA held a major news event
drawing attention to the emerging student loan “Debt Bomb” during our
annual Capitol Hill Meeting in February. The centerpiece of the news
event was the NACBA surveyof
our members, which revealed that 4 out 5 NACBA attorneys reported a
major jump in student loan debtors seeking bankruptcy assistance.
This
important issue has, as you have probably seen, generated an enormous
amount of media coverage in the time since we held the news event.
This
week, NACBA President Billy Brewer was interviewed on Fox Business’ Tom
Sullivan show. If you’d like to tune in, we have been told that the
segment will air this weekend during the Tom Sullivan Show at the
following times:
Saturday, April 7: 7 and 10pm (eastern) Sunday, April 8: 8am and 8pm (eastern)
This
effort to draw attention to the effect that significant student loan
debt has on those seeking bankruptcy protection is just one of many
legislative efforts that NACBA is taking the lead on. We welcome your
participation in our legislative and advocacy efforts. If you would like
more information and to be involved, feel free to contact NACBA’s Field
Director, Angie Thies-Huber or Field Coordinator,Zach Manifold. NACBA
has undertaken this campaign to change the bankruptcy laws with respect
to student loans at the suggestion of our legislative team in
Washington, DC. Legislative Director Maureen Thompson reported to
NACBA’s Legislative Committee and Board that she had heard from a good
number of NACBA members about the need to seek these changes. Maureen
and her colleagues at The Hastings Group took the primary responsibility
for researching and writing the report and media materials and for the
media promotion of the event. The Hastings Group, whose role recently
was expanded to include media outreach, reports that we likely will have
more than 500 media hits from this event.
And,
while the media coverage is important, it is only a means to an end.
Our goal is to create an opinion environment that will help convince
lawmakers in Washington that changes to the bankruptcy code with respect
to student loans is necessary and desirable. The good news is that in
response to the media coverage, the Senate Judiciary Committee recently
held a hearing on the topic, during which NACBA’s report and survey were
prominently featured. Senator Durbin (D, IL) cited NACBA and its work
in a speech on the Senate floor on this topic. We know this will take
time and the release of the report and survey is only the first step in
what will be a broader campaign. But, with the active involvement of
NACBA members in the campaign, I have no doubt we will be successful.
Student loan discharge has come to the
forefront of the National Association of Consumer Bankruptcy
Attorneys (NACBA) agenda, and has caught the attention of some in
congress, especially Senator Dick Durbin (D) from Illinois. Of the
outstanding student loans, most notable are the private loans, as
they do not have the same payback options as government based loans
have.
Outstanding student debt has reached an
estimated $867 Billion in the forth quarter of 2011, which is greater
than the total US credit card debt. Senator Durbin introduced a bill
in May to eliminate a 2005 nondischargability provision from the
bankruptcy code.
In my office, I had a client that was
tricked into entering into a student loan to become a airline pilot.
The loan was granted to him after he informed the lender of a medical
condition which he was concerned by prevent him from being able be a
pilot. He was assured it would not be a problem, and the loan was
granted. As it turned out, after a couple of years of schooling, he
was informed he would not be able to become a pilot because of his
medical condition. An adversarial hearing ensued, and the discharge
of the student loan was denied. At the time of hearing, he was able
to find employment as an apartment complex handyman.
Why was the loan made to begin with.
The answer to that question is not known, however, at some for-profit
schools, as much as 90 percent of their revenue comes from government
loans and grants.
So, you filed bankruptcy and have
received your commencement notice from the court that includes, among
other things, the date, time and place of your Meeting of Creditors.
For many of my clients, the name conjures up thoughts from a horror
movie, only worse because instead of watching it on the big screen,
you have suddenly been thrust into, and made a part of, the movie.
"Meeting of Creditors"; that's really a
bad name, but it is what the bankruptcy code has given it. So, why is
it a bad name? Because it is rare that creditors show up. Certainly
they are invited when they receive the commencement notice of your
case (Form B9A). Yes, this is the same form you received in the
mail. But in reality, there is seldom any reason for creditors to
show up.
So, naturally you ask, for the times creditors show
up, why do they show up? Good question. The answer may not be very
straight forward, because obviously there could be as many different
reasons as there are creditors. However, in the past I have seen
creditors show up for several reasons, which can for the most part be
categorized as follows:
The creditor is unsophisticated,
and simply does not know he, she, or it does not need to be there.
The creditor is not clear as to
your intentions are regarding a secured asset, and simply wants a
clarification as to what your intentions are.
The creditor suspects fraud, or the
hiding of assets.
The creditor is upset, and has hired an attorney to attend
the meeting of creditors to ask questions, sometimes to try to
determine if there are any grounds for the court to deny the
granting of a discharge.
OK, so by now I suspect you are really nervous about attending the
meeting of creditors. Well, you can relax, as long as the documents
supplied to the court are truthful and you have been represented by
an attorney, you really do not have anything to worry about.
You
should expect the trustee to ask you hard questions (similar to the
ones I asked in my office during consultation). They will most
likely include some of the following:
Please state your name, address,
and telephone number for the record.
What is your work number?
Did you receive and read the
information sheet from the US Trustee's office?
Did you read the documents your
attorney prepared for you before signing?
Are they truthful and correct?
When you spoke with me on the
phone, did you answer all my questions truthfully?
Are there any changes that need to
be made?
Is there anybody that owes you
money?
Is there anybody you could bring a
cause of action against for damages for anything, including a
personal injury?
Have you ever received an
inheritance?
Have you received your tax refund?
How much was it, and when did you
receive it?
What did you do with it? (or, Do not spend the refund after
receiving it before you contact my office [referring to the
trustee's office]).
Most of all, remember you are placed under oath. Make
sure all you answers are truthful. Should
you get caught lying in federal court, it can definitely ruin your
day!
There may also be some questions about
schedules filed with the court.
I know what your thinking, hard
stuff; yeh, right ;)
That's it. It is usually uneventful,
and that is part of the reason you hired an attorney to help you with
the bankruptcy, to try to make sure it stays that way.
If you are still nervous, just show up
about 20 minutes early to sit in the room and listen to questions the
trustee is asking other debtors. Most likely, your questions will be
similar.
For the Middle District of Florida,
Jacksonville Division, remember a few things:
1) take any documents with you the
trustee asked you to bring (if any);
2) make sure you have your government
issued Photo ID (such as a Driver License) and Social Security card;
and
3) leave you cell phone in your car, as
they are not allowed in the courthouse.
"F" is for FREE. What is free without lots of adds trying to
solicit your business; how about a free credit report. Have you ever
wondered why they would go to the expense of advertising something
for FREE?
Well, I imagine you have guessed the
correct answer. It's because its not really free. You have to sign
up for a service by giving them account or credit card information.
So, how is their service free. Well, some services allow you to
cancel your agreement within a given number of days, and be charged
nothing. So, it's really not free if you have to do extra work to
get it.
The good news is, there actually is a
source for getting a free credit report once every 12 months. It is
from annualcreditreport.com. According to the Federal Trade
Commission, annualcreditreport.com is the only authorized source to
get your free annual credit report under federal law. You can go to
their website or call 877-322-8228. You can also order by mail by
filling out the Annual Credit Report Request Form and mailing it to
AnnualCreditReport.com
is the ONLY authorized source for the free annual credit report
that's yours by law. The Fair Credit Reporting Act guarantees you
access to your credit report for free from each of the three
nationwide credit reporting companies — Experian, Equifax, and
TransUnion — every 12 months. The Federal Trade Commission has
received complaints from consumers who thought they were ordering
their free annual credit report, and yet couldn't get it without
paying fees or buying other services. TV ads, email offers, or online
search results may tout "free" credit reports, but there is
only one authorized source for a truly free credit report.
I’ve seen a box at the top of some
websites saying:
"You have the right to a free credit report from
AnnualCreditReport.com or 877-322-8228, the ONLY authorized source
under federal law."
What’s this about?
A new law requires commercial websites that say they offer free
credit reports to include a box letting you know you can get a free
credit report atwww.AnnualCreditReport.com.
Click on the link to www.AnnualCreditReport.com,
the only place to get the free report that's yours by law.
Many companies claim to offer free credit reports – and some do.
But others give you a report only if you buy other products or
services. Still others say they’re giving you a “free” report
and then bill you for services you have to cancel. If you go to
www.AnnualCreditReport.com
and follow the prompts for your free credit report, you can be sure
the reports you get really are free.
How do I request my free credit
report?
You can request your free report online, by phone or by mail.
Visit AnnualCreditReport.com,
call 1-877-322-8228, or fill out theAnnual
Credit Report Request form and mail it to Annual Credit Report
Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. No
matter how you request your report, you have the option to request
all three reports at once or to order one report at a time. By
requesting the reports separately, you can monitor your
credit more frequently throughout the year.
Why should I request my
credit report?
Because the information in your credit report is used to evaluate
your applications for credit, insurance, employment, and renting a
home, you should be sure the information is accurate and up-to-date.
In addition, monitoring your credit is one of the best ways to spot
identity theft. Check your credit report at least once a year
to correct errors and detect unauthorized activity.
What should I look for when
I review my credit report?
If you see accounts you don’t recognize or information that is
inaccurate, contact the credit reporting agency and the information
provider. For more information, read the FTC’s tips on how
to dispute credit errors.
If you suspect identity theft, you may need to place a fraud alert
on your credit report, close compromised accounts, file a complaint
with the FTC, or file a police report. Start by visiting the
FTC’sidentity theft website.
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