Bank of America In Talks To Pay $12B Fine

The Wall Street Journal recently reported that Bank of America Corp. is in talks to pay at least $12 billion to settle civil probes by the Justice Department and a number of states into the bank's alleged handling of shoddy mortgages, an amount that could raise the government tab for the bank's pre-crisis conduct to more than $18 billion. At least $5 billion of that amount is expected to go toward consumer relief — consisting of help for homeowners in reducing principal amounts, reducing monthly payments and paying for blight removal in struggling neighborhoods. As the negotiations with the government heat up, the bank is being pressed to pay billions more than the $12 billion it is offering. The North Carolina bank's total tab to end government probes and lawsuits related to its conduct in the runup to the financial crisis is increasingly likely to surpass the record $13 billion that JPMorgan Chase & Co. paid last year to settle similar allegations. Bank of America has already struck a $6 billion settlement, by the Justice Department's measure, with the Federal Housing Finance Agency.

Volusia County Moving To Orlando Division

As of August 1, 2014, Volusia County is being removed from the jurisdiction of Jacksonville Division of the Middle District of Florida, and being reassigned to the Orlando Division. To view all the counties assigned to the various divisions within the Middle District, please review Local Rule 1071-1 as amended.

To view the local rule amendments taking effect on August 1, 2014, Click Here

Do It Yourself Bankruptcy: Get A Free Counsultation

Ever thought of doing a bankruptcy yourself. That's right, without the aid of legal counsel. There are both pros and cons to doing such a thing. The pros are obvious, at least 1 is obvious anyway; it is cheaper. That's right, doing a bankruptcy yourself, is cheaper; no attorney fees.

So, what is the downside to doing it yourself. Although you may file a legally sufficient bankruptcy, that is, one the Bankruptcy Clerk will accept, may be the beginning of your problems. I am sticking my neck out when I say this, but there are probably as many things that could go wrong with your bankruptcy are there are people that file on their own. Without being familiar with the Bankruptcy Code, Bankruptcy Rules, case law, and local rules before setting out to do it yourself, it is true your case may go through just fine, but you could have your case dismissed, unnecessarily loose property to creditors, or even end up in litigation.

Am I trying to use a scare tactic? I don't think so.  I couldn't help by think of Lucy when she would do things on her own, without knowing what she was really getting into.  

Even people that hire attorneys that don't do bankruptcy on a regular basis run into surprises from time to time. I am one that believes the saying of an ounce of prevention is worth a pound of cure. That is to say, before deciding to proceed on your own, at least get a consultation from an attorney in your area that actively helps clients with their bankruptcies. Want to save money, well you can usually find in almost any market attorneys that give free consultations. Why some people file bankruptcy without ever getting a free consultation is beyond me. The bankruptcy practice is a highly specialized and complex area of the law.

A recent article in The Florida Bar News is about someone that decided to do a will on their own using forms. While it is true the forms are legally sufficient, without the advise of counsel, after the demise of the will's author, the will ended up in litigation, and ultimately cost much more than simply hiring an attorney to do the will correctly to begin with. Keep in mind that this involves an area of the law that is much simpler than bankruptcy. You can find the article, with a link to the Florida Supreme Court case, at http://tinyurl.com/mgl6av8.

Before filing bankruptcy, check with friends that have filed and find out if they were happy with their attorney. If so, see if you can get a free consultation. You can also check the National Association of Consumer Bankruptcy Attorneys website (www.nacba.org) for a member attorney in your area, and check the for members of local bankruptcy bar associations that may be in your area.

St. Johns County Bankruptcy Attorney

I did a quick search on Google of bankruptcy attorneys in St. Johns County, Florida. This is because I recently opened an office in Green Cove Springs (GCS), Florida. While Ponte Vedra Beach and St. Augustine are in St. Johns County, there is a large population that resides in the county, outside of any city limits.

How would a person in the country pick a bankruptcy attorney. For those unfamiliar with GCS, it is walking distance from St. Johns County.  Both Clay County (where GCS is located) and St. Johns County have few attorneys practicing in the area of bankruptcy. This caused me to peruse the question of how would someone would pick a bankruptcy attorney?

When searching for the best attorney for filing bankruptcy, you should look at more than just price. In fact, price is probably the last thing you should look at. 

Have you ever shopped for a good bottle of wine. Quite often price has nothing to do with the quality of the wine. Of course, I am not talking about the gut buster cheap stuff. But of the moderately priced wines, you need to know your wine to select one that meets your expectations. You could get an overpriced wine that has you walk away with a bad taste in your mouth.

Attorneys are not unlike wine in many ways. I suggest you should look at

1. the attorney's experience,
2. continuing education, and
3. organization affiliations.

The experience has to do with the number of years of practice before sitting judges and familiar with case law within your jurisdiction. The law is always changing in every field of law, and bankruptcy is no exception. This is why continuing education is so important. That is also why membership in local bar associations and national associations is important.  It is easy to search for national organizations that cater to fields of law.  For consumer bankruptcy, it is the National Association of Consumer Bankruptcy Attorneys.

Also look at surrounding counties, or nearby cities. Sometimes a short drive will reward you with an attorney with more experience, more individualized attention, and a better price. This is not just relevant to bankruptcy, but also probate, criminal law, family law, or any other practice of law you can think of. When you get into areas of practice that are highly specialized, like an attorney that specializes in zombi nuclear holocaust law (imagine that might be a specialty somewhere), you might want to look a little further than just your nearby county.

If you have some ideas of how to pick a good ... no, Great Attorney, please let me know.

Price Increases Set For June 2014

OK, it appears the Court is increasing fees again.  Recently the Court raised fees, followed by a shifting of having Debtor's attorneys mailing Orders (ultimately an extra expense for Debtors), to the Court cutting back on staff.  Now the fees are again being increased.

Please see the email correspondence I recently received.  
(PLEASE REMEMBER, I'm just the Messenger)

 ---
The Judicial Conference of the United States met on March 11, 2014, and approved changes to the Bankruptcy Court Miscellaneous Fee Schedule effective June 1, 2014. A summary of those changes follow: 

The fee for filing a complaint increases to $350.00.
The following administrative fees are increased to the totals noted:
- For the filing of a petition under Chapter 7, 12, or 13, $75.00.
- For the filing of a petition under Chapter 9, 11, or 15, $550.00.
- When a motion to divide a joint case under Chapter 7, 12, or 13 is filed, $75.00.
- When a motion to divide a joint case under Chapter 11 is filed, $550.00.

As a consequence the increases effective June 1, 2014, the full fee for filing a -
Chapter 7 will be $335.00
Chapter 9 will be $1,717.00
Chapter 11 will be $1,717.00
Chapter 12 will be $275.00
Chapter 13 will be $310.00
Chapter 15 will be $1,717.00
 ---
So, what is the change for Chapter 7 and Chapter 13 Filers?

For Chapter 7, the fee is increased from $306.00 to $335.00.
For Chapter 13, the fee is increased from $281.00 to $310.00.

That's right, a $29.00 increase.

If you feel like giving me your feedback on this, I certainly understand.  Do you think there should be a limit as to what the filing fees should be to file bankruptcy?

 

How Can I Stop Telemarketing Phone Calls?

The following can be found at

http://www.usa.gov/topics/family/privacy-protection/telemarketing/do-not-call.shtml

The federal government's Do Not Call (DNC) Registry allows you to permanently restrict telemarketing calls by registering your phone number at donotcall.gov or by calling 1-888-382-1222. If you receive telemarketing calls after your number has been in the national registry for three months, you can file a complaint using the same web page and toll-free number.

The Federal Trade Commission advises that it is not necessary to register cell phone numbers on the DNC Registry despite e-mail claims circulating on the Internet telling you to do so.   [This is regulated by the Telephone Consumer Protection Act]

Placing your number on this national registry will stop most telemarketing calls, but not all of them. Calls that are still permitted include those from:

• Political Organizations
• Charities
• Telephone surveyors
• Some insurance situations
• Organizations with which you have a relationship

How To File A Complaint About A Sales Call

If you think a sales call is in violation of the Federal Trade Commission rule and want to file a complaint, use the online resource.

A Federal Trade Commission rule defines what telemarketers can and cannot do when making a sales call. Callers must:

• Provide the seller's name.
• Disclose that the call is a sales call.
• Tell you exactly what they're trying to sell.
• Disclose the total cost and other terms of sale before you make any payment for the goods or services
• Tell you if they don't allow refunds, exchanges or cancellations
• If a prize is involved, the caller must give you the odds of winning, inform you that no purchase is necessary, and tell you how to get instructions for entering without buying anything.

It's illegal for telemarketers to:

• Misrepresent what they're offering.
• Call before 8 a.m. or after 9 p.m.
• Threaten, intimidate or harass you, or call again if you ask them not to.

This FTC rule applies even when you receive a call from a telemarketer in another state or country. It also applies if you make a call to a company in another state or country in response to a mail solicitation.

The rule generally does not apply when you call to order from a catalog or in response to an ad on television or radio, or in a magazine or newspaper. It also does not apply to solicitations you receive by fax or e-mail. Be aware that certain types of businesses, including nonprofit organizations, investment brokers and advisors, banks and financial institutions, are exempt from the rule.

In addition, telemarketers are not allowed to use auto dialers to reach cell phones.

If you get a phone call from someone who says they are with your bank and/or credit company and they ask you to provide or confirm any personal information:

• Do NOT answer any questions.
• Hang up immediately.
• Call your bank or credit company directly and tell them what happened.

Clay County Florida Bankruptcy Attorney

I thank all my wonderful clients for a great year in 2013. Now, in 2014, I would like to change things to be able to better serve my clients. As things slowed down around the Christmas holidays, I had a chance to sit back and take inventory of my practice. I have decided to make a few changes.

First, I have a goal of making myself more accessible to my clients. Toward that end, I am going to develop a way to provide consultations over the internet using current technology, such as Skype. This should prove to be much more efficient than having to get people to come into my office.

Secondly, I plan on moving my office to a more central location for my clients. I am looking at opening 2 offices; one in Green Cove Springs and one in Middleburg. While the offices are only 30 minutes from each other, they are in very different geographic locations within Clay County.

I have a web address of www.bankruptcyjax.com, which is not very descriptive of being a Bankruptcy Attorney in Green Cove Springs, or a Bankruptcy Attorney in Middleburg. Both are in Clay County, and as such, perhaps I should promote myself as a bankruptcy attorney in the Greater Clay County Area.

How should I promote my web site? Any thoughts?

UPDATE:  Effective February 15, 2014, my Green Cove Springs office will be open, and by March 1, 2014, my Middleburg office will be open.