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Category Archives: Uncategorized



This is the question posed in the recent case of In re Martiny, 2007 WL 3326585 (Bkrtcy.W.D.N.Y.,2007). The debtors, husband and wife, filed a Chapter 7 bankruptcy after entering into a contract to sell their residence at 90 East Terrace Avenue in Lakewood, New York. Before finalizing either step, Mr. and Mrs. Martiny used […]



In the case of Munoz v. Pipestone Financial, LLC, Civil No. 04-4142 (JNE/SRN) (D.Minn. 8/30/2007), the Plaintiff claimed that Pipestone Financial, LLC, and Messerli & Kramer, P.A., (collectively, Defendants) violated the Fair Debt Collection Practices Act (FDCPA) by attempting to collect interest at an impermissible rate, misrepresenting their entitlement to attorney fees, and using envelopes […]



Many lawyers and debtors have asked over the years, “How small is too small?” In other words, what are the odds of a trustee seizing a vehicle with $500 of non-exempt equity?
In the past, the answer was clear-cut; in my home courts, a trustee usually wouldn’t bother with a small asset because it just […]



The case of In re Sanchez, 2007 WL 2137790 (Bkrtcy.S.D.Tex. 2007) is the latest case in which a mortgage company got slammed for using Chapter 13 Plan payments to pay for unapproved and undisclosed post-petition fees and costs.
The Court in Sanchez held that post-petition, pre-confirmation attorney fees, costs and property inspection fees charged by the […]



Consumers are sued for credit card debts every day. In New York City alone, hundreds of these cases are filed each business day with every county’s civil courts.
Part of what I do is defend these cases. Why? Because so often the plaintiff is a debt buyer and the defendant, a consumer, in […]