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Part of New BK Law Ruled Unconstitutional

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    Part of New BK Law Ruled Unconstitutional

    Part of the new bankruptcy law that went into effect last fall that prevents bk lawyers from giving financial advice has been ruled unconstitutional by a federal judge - http://www.timesleader.com/mld/times...g/15268887.htm
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    #2
    That's a major step in the right direction.

    It should be interesting to see how this plays out over the next few years.

    Comment


      #3
      good

      Comment


        #4
        EXCELLENT find lrprn! I was wondering when the BK Attorney's were going to challenge the new laws.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Glad to see issues with the law being challenged and fixed!
            *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

            My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

            Comment


              #7
              Nothing's been "fixed". The law hasn't changed. It's under review. Actually, it's a win for the credit industry since if it actually goes into effect, it'll allow people who are already broke to borrow even more. Probably from sub-prime lenders. Those slimy people you hate would win. You'd still be in debt, and they'd still be making money.

              Comment


                #8
                Originally posted by Fedler
                Nothing's been "fixed". The law hasn't changed. It's under review. Actually, it's a win for the credit industry since if it actually goes into effect, it'll allow people who are already broke to borrow even more. Probably from sub-prime lenders. Those slimy people you hate would win. You'd still be in debt, and they'd still be making money.
                Ch 7 and 13 bk lawyers have successfully taken the first legal step in the courts to again give the kinds of financial advice that every other type of lawyer is currently able to give. And think about this, Fedler....when solid legal financial advice is allowed before filing, it's quite possible that potential filers will discover another way to get out of debt that they wouldn't have known about otherwise and will decide not to file bk. That should make you very happy.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment

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