S. 3197 The National Guard and Reservists Debt Relief Act is on the way to the White House for the President's signature which will make it a law. The House of Representatives and the Senate both approved the bill unanimously. Once the President signs this bill, and it becomes law, it will amend the Bankruptcy Code.
Continue reading "National Guard and Reservist Debt Relief Act Passes Congress" »
I am extremely proud of our leaders who stood against the bailout. You must remember that as a Bankruptcy Attorney I would love to see the bailout bill pass with a reformation of the Bankruptcy Code. As an American citizen, I would love to see the bailout fail because in my opinion it rewards years of corporate greed and does nothing to help the people who would be paying for it.
Continue reading "$700Billion Bailout Fails" »
On July 31, 2008, the Credit Cardholders Bill of Rights Act of 2008 passed through the House Financial Services Committee. This bill aims to curb outrageous credit card practices like: bait and switch contract clauses, outrageous interest rate increases, prohibiting credit cards to minors, etc.
It is important for all of us to call our local representative. Please click here for a link to all the Florida members of the House of Representatives to find your local representative and contact them today. This bill needs to become law. It is not the best that our leaders can do, but it is a start. Remember, our elected officials have to play politics with the lobbyists. So, please call your local representative and ask them to vote for H.R. 5244 as it exists today. Otherwise, our leaders may muck up the bill with amendments.
Continue reading "Credit Cardholders Bill of Rights Act of 2008" »
Ladies and Gentlemen:
Changes are coming to the Florida Bankruptcy Lawyer Blog whether you like it or not. It's time to kick the tires and light the fires and slap a new coat of paint on this puppy. We also might throw in some cool features like a new website and a new look for the Florida Injury and Accident Lawyer Blog as well.
So, keep your eyes peeled, and watch out for the new stuff. It may just hit you right between the eyes.
Continue reading "Changes, They Are A Coming" »
The Dellutri Law Group, P.A. is pleased to announce that we have opened a new office for our Naples clients. The new office is located at the Fountain Park Center, 7935 Airport Pulling Road, Suite 200, Naples, Florida 34109. Our Naples phone number is 239-403-3011, and the fax number is 239-939-0588.
Continue reading "Naples Office Is Now Open For Bankruptcy Clients" »
As a Board Certified Consumer Bankruptcy Attorney, I see Bankruptcy clients all week long. This week, I saw a potential client who was convinced that her foreclosure was going to continue if she filed for bankruptcy protection. Since she had never filed for bankruptcy protection before, there is no limitation on the automatic stay provisions. The automatic stay is an injunction that goes into place immediately to prevent a creditor from taking any action to collect on a debt. That includes continuing the foreclosure process.
Continue reading "Bankruptcy Stops Foreclosure!" »
What will happen to the Bankruptcy Code if Presidential Candidate Obama picks a Vice President who is commonly known as Senator MBNA aka Senator Joe Biden. The Bankruptcy Code was changed in 2005 and Senator Joe Biden was instrumental in the changes to the Bankruptcy laws.
Now, we have a dilemma. At first blush it would appear to be a conflict as Barack Obama's past statements about how he would change the Bankruptcy Code would seem to conflict with his potential decision on his Vice President. In the past, Senator Obama has stated on numerous occasions that he would seek an amendment to the bankruptcy code to allow individuals to cram down their first mortgages on their homesteads, which is now prohibited. However, if Senator Obama picks Senator Joe Biden as his running mate, he may have some questions to answer.
Continue reading "Obama and Senator MBNA" »
Republican Presidential Candidate John McCain's wife Cindy, has at least $200,000.00 in credit card debt with American Express. Somehow she was able to negotiate a zero percent interest rate. The amount owed on her credit cards could be as high as $500,000.00. This information has been disclosed by the McCains only recently.
Continue reading "Senator McCain's Wife has over $200,000 in Credit Card Debt at 0% Interest" »
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" »
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." »
This blog is written by Carmen Dellutri, Esq., Board Certified Consumer Bankruptcy Attorney and a founding member of the Dellutri Law Group, P.A. and the Bankruptcy Law Network.
On January 28, 2008, the House of Representatives introduced a new piece of legislation called the Medical Bankruptcy Fairness Act. I am in the process of writing a series of blogs on this topic for the Bankruptcy Law Network You can view a copy of Part I. On the one hand, I am glad that individuals who are suffering under the immense pressure of medical bills that they cannot pay will get some added relief. However, the lawyer in me is skeptical. After reading the bill one time, it contains some gaping holes that will need to be filled prior to becoming law.
Continue reading "Bankruptcy For Medical Bills May Be On The Horizon" »
This post is authored by Carmen Dellutri, Esq., Board Certified Consumer Bankruptcy Specialist and a founding member of The Dellutri Law Group, P.A. (www.DellutriLawGroup.com) and a founding member of the Bankruptcy Law Network (www.bankruptcylawnetwork.com)
Another member of the Bankruptcy Law Network ( www.bankruptcylawnetwork.com) has been chosen to represent the National Association of Consumer Bankruptcy Attorneys www.nacba.org as its member of the month. You may remember that in December 2007 Cathy Moran (www.moranlaw.net) was also NACBA's member of the month. I am very proud to say that both of these two remarkable individuals are founding members, along with me, of the Bankruptcy Law Network www.bankruptcylawnetwork.com
Continue reading "Brett Weiss is the January Member of the Month at NACBA" »
The Fair Debt Collection Practices Act (FDCPA) is a federal statute which protects consumers from unscrupulous debt collectors. Despite that the FDCPA has been around for a long time, debt collectors violate the statute routinely. For violations, the FDCPA mandates statutory damages in the amount of $1,000.00 and actual damages, if any, and attorney's fees and costs. Recently, a Judge in Jackson County, Missouri ordered a debt collector named Merchant's Retail Credit Association (MRCA) to pay $854,389.00 in damages to Gilbert Maddux, Dolores Maddux and Jenni Maddux.
Continue reading "Debt Collector To Pay $854,389.00 In Damages" »
Many of you may be wondering why I put a blog with Deep Recession in the title in the good news category. Well actually, to me, it is good news because the depth of the liquidity problem that this country is facing is finally coming to light. If I were to say something similar it wouldn't be news worthy. However, when a Harvard Professor, who was a former Treasury Secretary, mentions the words Deep Recession, it is newsworthy, until the next celebrity takes steroids or becomes pregnant or something else news-worthy.
As a Board Certified Consumer Bankruptcy Attorney, I definitely march to the beat of a different drummer. I like what bankruptcy can do for people, and I love educating people about the myths of bankruptcy: My favorite is when I hear the myth that all people who file bankruptcy are looking to abuse the system. On the contrary, in today's society, the next person that files for bankruptcy protection could be your neighbor, brother, co-worker, and/or best friend. I really enjoy speaking with people who work in retail, and they ask if you would like to save 10% by applying for a "Store Visa Card"? Here is where you insert nails scratching down a chalkboard. Nothing is more irritating for me to hear.
Continue reading "Bankruptcy And Christmas Shopping" »
The Fair Credit Reporting Act (FCRA) is a federal law which is supposed to regulate the credit reporting industry. The FCRA is supposed to keep control over users of reports and the furnishers of the information provided. For many Americans, their credit history can mean the difference between paying hundreds or thousands, or even hundreds of thousands of dollars in interest over their lives. In my opinion, the average American does not even know what is contained in their credit files until they apply for credit, and by then, it is probably too late to do any meaningful repair work.
Continue reading "Jury Awards $2.9 million for credit report violations" »
As we all know, the Bankruptcy Laws were dramatically changed by Congress in October of 2005. Congress changed the Bankruptcy Laws due to an unfounded belief that debtors were taking advantage of the Bankruptcy Laws and Bankruptcy Attorneys were making it too easy for people to file bankruptcy. As we now know, Congress was wrong. The change in the Bankruptcy Laws did not change the way people spend their money. The change in the Bankruptcy Laws only made it more expensive to file for Bankruptcy. Now both houses of Congress are considering bills which would put more power into the hands of the Bankruptcy Judges. Under this new legislation, Bankruptcy Judges would be allowed to re-write mortgages on primary residences.
Continue reading "Congress May Change The Bankruptcy Laws" »
