Florida Bankruptcy Lawyer Blog

The month of May has changed the way I think about politics. I used to be upset that nothing was being done to help the people living in Southwest Florida, now I am just ticked off. Foreclosure filings were up 48% over May of last year. This statistic proves several things: First nothing is being done on the Federal level to help the people of Southwest Florida keep their homes. Second, nothing is being done on the State level to help residents keep their homes. Third, where are the results that the mortgage companies promised when they argued not to change the bankruptcy laws. Where is Hope Now, President Bush's coalition of mortgage companies dedicated to helping people save their homes.

Continue reading "May 2008 Sees Foreclosures Surge 48%" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Bankruptcy Statistics , Consumer Protection , Economic Data , Foreclosure Defense , Mortgage Foreclosures

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Living in Southwest Florida is never dull. Now, despite having beautiful weather and beaches, we are dealing with real economic issues which will determine the future paths taken by resident and business owners in Southwest Florida. Many business owners are closing their doors because of cash flow. Residents are feeling the pinch at the pump and in the grocery stores. Many people are opting to stay at home for dinner, rather than drive and then pay for that luxury. Of course, it is not that bad yet, but I can see it coming on the horizon. When people cannot afford to fill up their gas tanks, how are they going to go out and eat. Naturally, the next logical question is: How can they pay mortgage payments on a home if they cannot afford to fill up their tanks.

Continue reading "Mortgage Modifications Are Still Not Working." »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Foreclosure Defense , Mortgage Foreclosures , Southwest Florida News

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Bankruptcy Courts are seeing many consumer issues along with the increasing bankruptcy dockets. Therefore, Bankruptcy Judges are naturally becoming more sophisticated on the issues surrounding consumers. Recently I argued a case against a debt collector and one of the issues was the creditors purchasing of discharged debts. Why would a creditor purchase debts which are discharged by a Federal Court Discharge Order? Theoretically, these debts are no longer collectible.

Continue reading "Creditor Claims Trading: What is next?" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Bankruptcy Statistics , Consumer Protection , Debt Collection Law

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In April I wrote a blog about the airline industry and asked a question: Is the word airline synonymous with bankruptcy? At the time I intended for it to be a bit of a joke because four (4) different airlines had filed bankruptcy. Now, several months later, it could prove to be almost prophetic. Back then, Skybus, ATA, Aloha and Frontier had filed for bankruptcy protection. Delta recently emerged from bankruptcy protection and announced that it was planning a merger with Northwest, and Alitalia was on the brink of bankruptcy. All in all, things weren't looking so good for the airlines.

Continue reading "Airlines Are No Longer Flying High" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Bankruptcy Statistics , Consumer Protection , Southwest Florida News

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As a Consumer Bankruptcy Attorney, I see people on a daily basis who are considering filing for bankruptcy protection. One of the reasons they are seeking bankruptcy protection is to stop the abusive debt collection practices being employed by the debt collection industry. As this country goes deeper and deeper into a recession, with inflationary prices on gas, food and other commodities, more and more individuals will default on their debts. Recently, I wrote an article for the Credit Law Network about the debt collecter's stock becoming hot on Wall Street. The article made me sick.

Continue reading "Complaints Against Debt Collectors Are Rising" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Debt Collection Law , Fair Debt Collection

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The best way to do this is with a Debit Card tied to your bank account. Naturally, this comes with a bit of responsibility. Debit cards allow you to pay for items by automatically taking money out of your account and sending it to the creditor, so you are not incurring debt at all. Likewise, Visa, Mastercard, Discover, and American Express will not have the ability to charge you interest on the outstanding balance at the end of the month. So, that $5 coffee this morning from Starbucks doesn't wind up costing you $35 in an over the limit fee. This is where I ask my clients to analyze the true cost of things.

Continue reading "Debit Card Do's And Don'ts Part II" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Credit Card Industry , Credit Cards , Life After Bankruptcy

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As a Consumer Bankruptcy Attorney, it seems as if a couple of questions are on everyone's mind. One of those questions is: After bankruptcy, how will I rent a car or secure a hotel room if I cannot keep any of my credit cards? My reply is simple: Use your debit card. People are often shocked that yes, they can use their debit cards for this purpose. Yesterday, my friend and colleague in Connecticut, Eugene Melchionne, wrote a blog for the Credit Law Network, titled "Using Debit Cards and ATM's Effectively". After reading Gene's article, it made me think of several reasons why people using debit cards need to be careful.

Continue reading "Debit Card Do's And Don'ts Part I" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Credit Card Industry , Credit Cards , Fair Credit Reporting Act , Life After Bankruptcy

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As a consumer bankruptcy attorney in Southwest Florida, I hear about financial news as it happens. This is particularly true when it comes to creditors hitting hard times. Many of my clients keep me updated with creditor information like TIB Financial Corp. TIB bank and its affiliates finance cars and real estate. Their 2008 first quarter loss was $1.44 million dollars. This information alone is not so bad; however, when you combine it with the losses from the fourth quarter of 2007 of $6.49 million, then you start to see a problem. In the last 6 months, TIB Financial Corp. has lost almost $8 million.

Continue reading "TIB Financial Corp Showing Losses" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Consumer Protection , Economic Data , Southwest Florida News

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The topic of bankruptcy is usually not discussed by office workers around the water cooler. Nor is bankruptcy discussed at cocktail parties. I can honestly state that no-one has ever said to me, "I have the best bankruptcy attorney in the world", or, "Have you considered speaking with a bankruptcy attorney about that financial decision". Quite frankly, bankruptcy has always been that other b-word, unless you are an airline. We all know that four major airlines have filed for bankruptcy protection over the last few weeks: Skybus ATA, Aloha, and Frontier. Additionally, we all know that Delta recently emerged from bankruptcy protection, and that they lost $6.39 billion in the first quarter of 2008 (accounting write off) or $274 million, whichever you prefer. So, the question is: Is Airline synonymous with Bankruptcy? At this point the jury is still out.

This post was written by Carmen Dellutri, Esq. of The Dellutri Law Group, P.A. Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney, and he is also one of the founding members of the Bankruptcy Law Network, Mortgage Law Network, Debt Law Network and Credit Law Network.

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Consumer Protection

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As a Board Certified Consumer Bankruptcy Attorney, I am seeing bankruptcy clients each and every day who are surrendering their homes in the bankruptcy process. Some individuals are choosing not to file bankruptcy and are deciding to leave their homes. Right now, Southwest Florida is experiencing one of the highest foreclosure rates in the country. People are literally walking away from their homes each and every day. Port Charlotte, Cape Coral and Lehigh are experiencing higher rates of foreclosure than other areas of Florida. Each day I speak with the people who are suffering through this problem, and they all tell me the same thing. I am going to mail the keys to my mortgage company or servicer.

Continue reading "What is Jingle Mail?" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy Myths , Consumer Protection , Life After Bankruptcy , Mortgage Foreclosures , Southwest Florida News

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It seems that you cannot go anywhere today without hearing someone speaking about what is going on with the foreclosures in Southwest Florida. It's in the newspapers and on the minds of many people living in Southwest Florida. Most people in Southwest Florida will fall into one of three categories: First, there are the rich that will never have to worry about the foreclosure crisis, so we will leave them out of this. We will talk about them later when the stock market takes a dive, and then we can say, we told you so, but you were too busy attending wine auctions that you missed all of the economic indicators predicting a recession. Second, you have the middle class, which is our largest group. Many of these individuals are homeowners with mortgages on their primary residences, and they are feeling the pinch of the recession as their home values plummet. These are the people who have either lost their homes already, live in fear of losing their homes, or are renting somewhere else in an attempt to save their homes.

Continue reading "Foreclosures In Southwest Florida: It's A Community Problem" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Bankruptcy Statistics , Consumer Protection , Mortgage Foreclosures , Southwest Florida News

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Why do companies, especially credit cards, market to individuals in Bankruptcy? The simple answer is that individuals who file for bankruptcy (7) are prohibited from receiving another discharge for 8 years. But, is that really the answer? Are these companies afraid that the individual will file bankruptcy again? I don't think so. The credit card companies like Visa, Mastercard, American Express, and Discover know that individuals will have a tough time changing their spending habits, and therefore, why not try to lure these individuals back into the charge and pay lifestyles that they may have once led. Kind of like a dope dealer pedaling dope to someone recently out of rehab.

Continue reading "Why Do Companies Market to Individuals in Bankruptcy?" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Consumer Protection , Credit Card Industry , Credit Cards , Life After Bankruptcy

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Yesterday, Florida Senator, Mel Martinez, addressed the Florida Legislature about several issues including the mortgage crisis. Senator Martinez stated in his newsletter that the problems Floridians face, like the environment and finances, are compounded by the national economy and the housing crisis. He made reference in the newsletter to initiative that are being implemented at the Federal Level to help the economy and the mortgage crisis. That's it. That's all it states in the newsletter. No kidding. What kind of message is that?

Continue reading "Senator Martinez Addresses The Florida Legislature About Foreclosure Problem" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Economic Data , Legislative Updates , Mortgage Foreclosures , Southwest Florida News

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This post is submitted by Carmen Dellutri, Esq. founder of the The Dellutri Law Group, P.A. Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney and is also one of the founding members of the Bankruptcy Law Network.

Normally, when a client goes to see a bankruptcy attorney for a bankruptcy consultation, it is usually the worst part of their day. Imagine what could be worse than walking into an attorney's office and putting all of your financial details on the table for discussion. Most people would rather be any other place in the world. Yesterday, I had the honor of sending a client a check for four (4) times the amount she paid me in attorney's fees for handling her bankruptcy case. That's right, the attorney sent the client a check. This happens all the time at the Dellutri Law Group, and the clients love it.

Continue reading "Discharge Violations Pay Off for Dellutri Law Group Clients" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Consumer Protection , Credit Card Industry , Debt Collection Cases of Interest , Debt Collection Law , Good News

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United States Bankruptcy Judge John C. Ninfo is taking financial literacy to the next level. As bankruptcy filings rise, Judge Ninfo is teaching students of all ages to live within their means. Although, the Judge has some very strong views about the people that he is seeing in his courtroom, his message is crystal clear to the students.

At the Dellutri Law Group, we encourage the members of our firm to go out into the public, especially schools and trade organizations, to speak with people about what we do and how we do it. In the bankruptcy/consumer world, people always have so many questions. This is also true when we go into classrooms and speak about personal injury cases. The questions are always entertaining and enlightening.

Continue reading "New York Bankruptcy Judge Is Taking Financial Literacy To The Students" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Bankruptcy News , Bankruptcy Statistics , Consumer Protection , Credit Card Industry , Credit Cards , Economic Data

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This post is submitted by Carmen Dellutri, Esq. of The Dellutri Law Group, P.A. Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney and is one of the founding members of the Bankruptcy Law Network, Mortgage Law Network, Debt Law Network and the Credit Law Network.

Citigroup just announced plans to fire approximately 2,000 investment bankers. This release comes just days after the Fed had to bail out Bear Stearns with billions of dollars in guarantees. What does this mean to you? me? and the future of this country?

Continue reading "CitiGroup Announces Plans to Lay Off 2000 Investment Banker" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Economic Data , Southwest Florida News

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This post is submitted by Carmen Dellutri, Esq., Mr. Dellutri is a Board Certified Consumer Bankruptcy Attorney and founder of The Dellutri Law Group, P.A. and one of the founding members of the Bankruptcy Law Network, Credit Law Network, Mortgage Law Network and the Debt Law Network.

Unless you have been living under a rock for the last five years we have all seen or heard something identity theft. Hopefully, you have not been a victim of identity theft. If you have then you know what kind of horror story that follows. Although there has been quite a bit of information written about identity theft, many individuals haven't done enough about the problem.

Continue reading "Fraud Alerts: Are They Necessary?" »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Fair Credit Reporting Act , Fair Credit Reporting Act Cases of Interest , Fraud Alerts

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Yesterday, on a Sunday, the Fed cut the discount interest rate a quarter of a point and still the Asian markets tumbled this morning. The Fed also helped bail out Bear Stearns over the weekend and gave the green light for JP Morgan to buy out Bear Stearns for $2 a share. Bennie and the Feds were very busy this weekend. But what does this mean for the average guy on the street? Well, the interest rate cuts are good if you are in the market to borrow money or if you are looking to consolidate your debt?

Continue reading "To Consolidate or Not to Consolidate? That is the Question." »

Posted by Carmen Dellutri | Permalink | Email This Post

Posted In: Consumer Protection , Credit Card Industry , Good News , Southwest Florida News

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This post is submitted by Carmen Dellutri, Esq. of The Dellutri Law Group, P.A. and one of the founding members of the Bankruptcy Law Network. Carmen Dellutri, Esq. is also on the Board of Directors of the American Board of Certification, which is the nation's premier legal specialty certification organization.

This morning I began a new blog for the Credit Law Network on the types of credit cards that consumer's have, carry, and use. The idea for this blog came after I received multiple credit card offers in yesterday's mail. You would think that with all the marketing done by the credit cards and the wealth of information contained in their data banks about consumer trends and spending habits, they would know that there is not a chance in hell that I am going to sign up for their credit cards. I would be willing to bet that they spent a small fortune marketing to just my house. Of course, I am also on the do not bother me list. But, that doesn't seem to stop the advertisements from being sent, and the mailman from having to deliver them.

Continue reading "Credit Cards Try To Lure You In With Affinity Cards" »