All posts in Current Events

June 3, 2013 – LABF – Night with the Judges

Come meet and greet a number of Judges from the Central District who, following dinner, will each discuss a recent case with special meaning either to the Judge or to the practice.

The Honorable Peter H. Carroll (Chief Judge) Los Angeles

The Honorable Barry Russell, Los Angeles

The Honorable Sheri Bluebond, Los Angeles

The Honorable Mauren A. Tighe, San Fernando Valley

The Honorable Richard M. Neiter, Los Angeles

The Honorable Robert Kwan, Los Angeles

The Honorable Catherine E. Bauer, Santa Ana

The Honorable Deborah J Saltzman, Riverside

The Honorable Scott C. Clarkson, Santa Ana/Riverside

The Honorable Sandra R. Klein, Los Angeles

The Honorable Neil W. Bason, Los Angeles

 

PRICE

$80.00 Members
$100.00 for non-members
$35.00 for government
At door: Additional $10.00

 

Monday, June 3, 2013

Doors open at 6:00 p.m.

Dinner at 6:45 p.m.

Program at 7:30 p.m.
Lights out 8:45 p.m.
The L.A Downtown Hotel
333 South Figueroa St.
213-617-6038

For more info go to: http://labankruptcyforum.org/programs/2013-06-03%20Judges%20night.html

Attorney General Kamala D. Harris Announces Suit Against JPMorgan Chase for Fraudulent and Unlawful Debt-Collection Practices

NEWS RELEASE May 9, 2013

Attorney General Kamala D. Harris Announces Suit Against JPMorgan Chase for Fraudulent and Unlawful Debt-Collection Practices

LOS ANGELES — Attorney General Kamala D. Harris today filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens of thousands of Californians.

The suit alleges that Chase engaged in widespread, illegal robo-signing, among other unlawful practices, to commit debt-collection abuses against approximately 100,000 California credit card borrowers over at least a three-year period.

“Chase abused the judicial process and engaged in serious misconduct against California credit card borrowers,” Attorney General Harris said. “This enforcement action seeks to hold Chase accountable for systematically using illegal tactics to flood California’s courts with specious lawsuits against consumers. My office will demand a permanent halt to these practices and redress for borrowers who have been harmed.”

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Chapter 7 Educational Video

Hi everyone,

We are happy to announce that the first Chapter 7 educational video is now available on our website. It is about 40 minutes long and is a video-taped overview of the presentation we provide clients at our monthly Chapter 7 pro se clinics. As we mentioned at the last DAP meeting, the success rate for individuals attending the Chapter 7 pro se clinic and then filing for bankruptcy in 2012 was an impressive 95% and far exceeded the success rate by unrepresented debtors generally of 55.1% that same year. We hope this video will provide bankruptcy pro bono programs and Courts in other divisions within the Central District and state-wide with another educational tool for their clients.

The link to the Chapter 7 Overview video presentation: http://www.publiccounsel.org/video?id=0076

The link is available on the Public Counsel website under the News Section/videos and is titled “Overview of Chapter 7 Bankruptcy and Alternatives to Bankruptcy.”

This project took several months to coordinate with dedicated staff from the United States Bankruptcy Court and wouldn’t have been possible without their assistance. We would like to thank the Bankruptcy Court staff for donating their time, expertise and creativity in making this video such as successful collaboration. We would also like to specially recognize the following individuals from the United States Bankruptcy Court staff: 1) Sandi Brask; 2) Robin Beacham 3) Ed Pabros; 4) Nick Tam; 5) Jennifer Paro and 6) Monica Groves. Without their assistance this would not have been possible. Thank you!

Please feel free to forward a link to this video to clients, organizations or any programs who could benefit from having this information. Your assistance in disseminating this video is greatly appreciated. The second video which includes an actual review of a Chapter 7 bankruptcy petition—page by page– is still being edited. We will make this link available as soon as it is finalized.

The 2nd video is 3 ½ hours long and provides a detailed overview about the Chapter 7 filing process.

Thank you!

Warmest regards,

Maggie

Magdalena Reyes Bordeaux
Supervising Attorney
Public Counsel
Consumer Law Project &
Debtor Assistance Project
Ph: 213.385.2977 ext. 105
Fx: 213.385.9089
Em: mbordeaux@publiccounsel.org

California Reinvestment Coalition

Hi all,

Andrea Luquetta of the California Reinvestment Coalition is looking for stories in support of SB426 (Corbett), a bill that CRC and HERA are sponsoring. Specifically, please contact Andrea of CRC if you have clients who fit into one or more of the categories:

They are are looking for homeowners who lost a home in foreclosure and then had one or more of the following things happen:

* The lender that foreclosed tried to collect from them the difference between the total amount owed and the amount the lender recovered in the foreclosure sale (sometimes called “the deficiency”); and/or

* The lender that foreclosed continued to report the loan as late on the borrower’s credit report even after foreclosure; and/or

* After a foreclosure by one lender, the lender on a different loan on the same property (for example, a home equity line of credit or another second lien) tried to collect from the borrower even though that loan had been used to purchase the house originally; and/or

* After a foreclosure by one lender, the lender on a different loan (for example, a home equity line of credit or another second lien) continued to report the loan as late on the borrower’s credit report even though that non-foreclosing loan had been used to purchase the house originally.

If you have any such clients, or have questions, please contact Andrea:

Andrea Luquetta, Esq.
Policy Advocate
California Reinvestment Coalition
474 Valencia St. Suite 203
San Francisco, CA 94103
415.864.3980

aluquetta@calreinvest.org

Thanks,
Christian Cooper
Public Counsel

American Dream Eludes With Student Debt Burden

To contact the reporter on this story: Kathleen M. Howley in Boston at kmhowley@bloomberg.net.

To contact the editor responsible for this story: Rob Urban at robprag@bloomberg.net.

Luke Nichter of Harker Heights, Texas, said he’s not a renter by choice. The Texas A&M University history professor’s $125,000 of student debt means he has no hope of getting a mortgage.

Nichter, 35, who’s paying $1,500 a month on loans for degrees from Bowling Green State University in Ohio, is part of the most debt-laden generation to emerge from college. Two- thirds of student loans are held by people under the age of 40, according to the Federal Reserve Bank of New York, blocking millions of them from taking advantage of the most affordable housing market on record. The number of people in that age group who own homes fell by 4.6 percent in the fourth quarter from the third, the biggest drop in records dating to 1982.

“Student debt has a dramatic impact on the ability to buy a house, and to buy the dishwashers and the lawnmowers and all the other purchases that stem from that,” said Diane Swonk, chief economist of Mesirow Financial. “It has a ripple effect throughout the economy.”

The issue is being exacerbated by an explosion in the $150 billion private market for student debt with interest rates for some existing loans surpassing 12 percent. Unlike mortgage holders, borrowers have little hope of refinancing at lower rates. Interest on some new federal loans is set to double to 6.8 percent in July if Congress doesn’t extend the current rate, as they did last year.

Read more…

7th Circuit OKs $25K student-loan discharge for ‘destitute’ paralegal

From http://www.abajournal.com/news/article/7th_circuit/

By Martha Neil

A “destitute” paralegal who has made reasonable efforts to repay her student loan debt is entitled to a bankruptcy discharge of the remaining $25,000 or so despite the fact that she never enrolled in a federal income-contingent repayment plan, a federal appeals court has ruled.

Reinstating a bankruptcy court’s determination that Susan M. Krieger is entitled to the discharge and reversing a federal district court’s decision to the contrary, the Chicago-based 7th U.S. Circuit Court of Appeals said the bankruptcy court had discretion to decide whether requiring Krieger to repay the student loan debt would be an undue hardship.

In a Wednesday opinion (PDF) authored by Judge Frank Easterbrook, the 7th Circuit also said that requiring Krieger to enroll in the income-contingent repayment plan as a show of good faith, was contrary to the purpose of bankruptcy law.

Read more…

Leskie Cohen Law 5K Run/Walk Fundraiser

Please join us on April 27th for the LCL 5K Run/Walk Fundraiser to benefit Public Counsel.

The race runs along a fast, scenic course from Ocean and San Vicente and through the lovely residential area in beautiful Santa Monica. Enjoy the scenery and 5K jog/walk with friends! The race starts and ends at Reed Emerson Park at the corner of 7th and California, and if you want to improve your performance in this races even more, you can get supplements for this, read this article to find the best supplements for this. Get pumped at the start and celebrate your finish with music from our DJ, and post-race snacks for all participants. Medals will be given to the top 3 finishers in each age group. Prizes will be awarded to top overall male, top overall female, overall fastest team, and fundraising champions.

All registered runners/walker will get a Nike running tee!

This race benefits the Public Counsel Debtor Assistance Project and Samohi Cross Country/Track team. Enjoy a very special morning while supporting Public Counsel and the public school sports program!

You can register at: https://www.imathlete.com/events/EventReg/EventReg_SelectType.aspx?fEID=14922&fNew=1

 

U.S. Trustee Program Suspends Debtor Audits

The U.S. Trustee Program last month said it has “indefinitely suspended” the debtor auditing process “due to budgetary constraints,” the Wall Street Journal reported yesterday. The Bankruptcy Code amendments of 2005 authorized U.S. trustees to randomly designate for audit one out of every 250 consumer bankruptcy cases per federal judicial district. The Code also authorized audits of any cases in which debtors posted statistically unusual income or expenditures. Trustees select the cases but do not perform the audits; instead, that job falls to independent accountants. The 2007 fiscal year saw random audits of “at least one out of every 250 consumer cases” per judicial district, according to a USTP report. But the following three fiscal years saw that rate reduced to one out every 1,000 consumer cases per district due to “budgetary constraints.” The auditing rate was reduced even further in the 2011 fiscal year to one out of every 1,700 cases, but the audits were suspended for the last few months of that year and through the first three months of the 2012 fiscal year. While USTP resumed random audits between January and October 2012, it did so for one out of every 1,450 consumer case per district.

M. Erik Clark
<http://blclaw.com/>
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791

www.blclaw.com <http://www.blclaw.com/>
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification

Help For Homeowners Event

The Department of Corporations is pleased to participate in this great event “Help For Homeowners Event.” It is hosted by the Departments of the Treasury & Housing and Urban Development on April 16 at the Los Angeles Convention Center to help distressed homeowners. We encourage you to share the attached flier (in English and Spanish) with your colleagues and clients who may need this assistance. I will be there and hope to see you.

At the event consumers will have the opportunity to meet directly with their servicer, the Government Sponsored Enterprises (GSEs), housing counselors, and other resources that would be extremely helpful. They also have a short sale workshop for real estate professionals to hear from Treasury, the large servicers, and GSEs about specific short sale policies and procedures.

I have attached flyers of the event in English and Spanish.

Best,

Maggie

Magdalena Reyes Bordeaux
Supervising Attorney
Public Counsel
Consumer Law Project &
Debtor Assistance Project

$9.3 Billion in Payments and Foreclosure Assistance to Begin in April 2013

Public Service Announcement — FOR IMMEDIATE RELEASE — March 18, 2013

$9.3 Billion in Payments and Foreclosure Assistance to Begin in April 2013

On March 18, 2013, more than 4.2 million people were sent postcard notices about payments they will receive as a result of an agreement between federal banking regulators and 13 mortgage servicers. As a result of this agreement, the Independent Foreclosure Review ceased at those servicers. A full list of companies and their affiliates or subsidiaries covered by the agreement are listed below.

The agreement provides $3.6 billion in cash payments to borrowers covered by the agreement. Borrowers covered by the agreement include those whose primary residences were in any stage of the foreclosure process in 2009 or 2010 and whose mortgages were serviced by one of the participating servicers.

Payments are expected to range from a few hundred dollars to $125,000. By accepting the payment, borrowers do not waive any legal claims against their servicer and may pursue additional actions related to their foreclosure.

In most cases, a letter with an enclosed check sent by the Paying Agent—Rust Consulting, Inc.—will arrive in 4 to 8 weeks. Some borrowers may receive a letter from Rust requesting additional tax-related information that will be needed to process their payment. Correspondence will be sent at the direction of the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve.The federal banking regulators will provide more details about the payments in early April.

To verify that you are covered by the agreement or to update contact information, call Rust Consulting at 1-888-952-9105. Information provided to Rust will only be used for purposes relating to the agreement.

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