Bankruptcy Links


Bankruptcy Resources on the Internet

 

What's New

"Consumer Financial Protection Bureau" (CFPB)

New Federal Government website for the new Federal agency invented by Professor Elizabeth Warren. CFPBs "Get Help Now" Page- Links to useful goverment resources on consumer finance.

Bankruptcy Law & Procedure

Nolo - Bankruptcy

Nolo is a well-respected publisher of books and software designed to help people handle their own legal affairs. Their website features many helpful articles on a wide variety of topics, including bankruptcy. You can also buy Nolo products there.

NACBA.org

National Association of Consumer Bankruptcy Attorneys website. Features a brief bank on current issues of bankruptcy law that are being litigated in courts and news on bankruptcy legislation

MoranLaw.net - Bankruptcy in Brief

This website is run by attorney Cathy Moran of Moran Law Group, a firm in Mountain View, CA. The website features a "Bankruptcy In Brief" section offers free information on a wide range of bankruptcy topics. Attorney Cathy Moran also hosts an excellent bankruptcy blog and leads workshops to train bankruptcy attorneys on the finer points of consumer bankruptcy practice.

ABI World

Offers a variety of good information, but not exclusively for consumer bankruptcy.

Lots of coverage of large scale, chapter 11 business bankruptcies. Not intended for non-lawyers, but still some good, plain English information such as their report on "25 Changes to Personal Bankruptcy Law" which summarizes the changes in the new bankruptcy law. Also features a resource page on the 2005 bankruptcy law changes. and a newsletter on Consumer Bankruptcy issues.

 

 

Bankruptcy Statutes

Federal

The best place to view the Federal Bankruptcy Statutes is at the website of doney.net. The proprietor there has done an an outstanding job with javascript and allows you to view a redlined version of the code that shows what language changed in 2005.

Generally, The Legal Information Institute at Cornell University is the place to go for access to the U.S. Code. However, they took almost two years to update the title 11 bankruptcy sections, and do not offer the redlining features of the doney.net website.

State Bankruptcy Exemptions

Congratulations! You're already at the best place to find the most up-to-date state bankruptcy exemptions on the internet, as well links to other sites on the web that also track state bankruptcy exemptions.

 

Government Mortgage Help

New Morgage settlment (from the Deparment of Justice)

http://nationalmortgagesettlement.com/

This settlement with several large private banks devotes billions of dollars toward settling mortgages held by these banks.

Earlier Program (from HUD & the Treasury Dept)

http://makinghomeaffordable.gov/

This is the direct link to the FREE help on mortgages from the Obama administration. GO HERE FIRST before you trust any advertisement for mortgage help that you may find. There are sharks out there trying to charge you for what the government offers for free. (see stories here, and here) Don't take the bait. Start with this site, and educate yourself as a consumer.

Here's what the Obama administration has put out ...

"Beware of Foreclosure Rescue Scams - Help Is Free!

  • There is never a fee to get assistance or information about Making Home Affordable from your lender or a HUD-approved housing counselor.
  • Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modification of a delinquent loan. Do not pay – walk away!
  • Beware of anyone who says they can “save” your home if you sign or transfer over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
  • Never submit your mortgage payments to anyone other than your mortgage company without their approval.

The Home Affordable Refinance Program gives up to 4 to 5 million homeowners with loans owned or guaranteed by Fannie Mae or Freddie Mac an opportunity to refinance into more affordable monthly payments. The Home Affordable Modification Program commits $75 billion to keep up to 3 to 4 million Americans in their homes by preventing avoidable foreclosures.

Our consumer website, www.MakingHomeAffordable.gov, provides homeowners with detailed information about these programs along with self-assessment tools and calculators to empower borrowers with the resources they need to determine whether they might be eligible for a modification or a refinance under the Administration's program. Through this website, borrowers can also connect with free counseling resources to help with outstanding questions; locate homeowner events in their communities; find a handy checklist of key documents and materials to have ready when making that important call to their servicer as well as FAQs from borrowers in similar circumstances; and much more."

- source http://makinghomeaffordable.gov/

 

Bankruptcy, Debt & Society

The Internet is full of interesting reading on the consumer debt & credit industry, and how banks profit from keeping financially distressed debtors in distress for as long as possible.

Below is a sampling of articles, books, and other interesting resources on this topic, for those who want to learn more about how bankruptcy fits into the larger network of economic actors, incentives, and regulations (or lack thereof) that shape today's world.

Websites

SSRN - Social Science Research Network

A never- ending source of interesting studies and articles about the consumer credit industry. Among the more interesting articles: Search the term bankruptcy to find a wealth of topical articles from law reviews and other academic journals. Some are quite interesting, like the one that speculates that the real reason for the 2005 law was to make bankruptcy harder so that people would remain in financial distress on average of 6 months longer before giving ultimately filing -- which would be extremely profitable for banks as this is the time of maximum penalties and late fees. The author estimates banks stood to gain billions in additional penalty revenue thanks to the changes in the bankruptcy law.

 

Newspaper Feature Articles

From time to time, major newspapers such as the New York Times and Boston Globe have done excellent stories about various aspects of the debt and credit industry.

Boston Globe

Debtors' Hell - Preying on Red Ink America
Boston Globe Spotlight Series

This Boston Globe Spotlight Team investigation into the world of consumer debt in the United States found a system where debt collectors have a lopsided advantage, debtors are often treated shabbily by collectors and the courts, and consumers can quickly find themselves in a life-upending financial crisis

 

NY Times/PBS Frontline:
The Secret History of the Credit Card

The issues covered in this 2004 documentary are still current, and worth watching. It's an excellent recounting by PBS and The New York Times.

You'll learn about a U.S. Supreme Court ruling almost 20 years ago that opened the door to abusive lending practices and the rise of the modern credit card industry.

After watching this, you'll understand why your credit card company is probably based in South Dakota or Delaware, and why Tom Daschle and Joe Biden sided with Republicans and the banking industry in voting for the 2005 bankruptcy law changes.

.
PBS: Frontline Video and Articles
NY Times: Articles

 

NY Times Sunday Magazine
Debt: (Special Issue)
(6/11/06)

All about America's debt problems from a variety of perspectives. Interesting reading. Good articles on bankruptcy, student loan debt and related issues.

 

   

Bankruptcy Videos

How to File Bankruptcy - 30 minute orientation video

Originally found on the US courts website of the Bankruptcy Court of the Middle District of Florida, and now on the main federal site, this Bar Association video walks you through the filing process and including the 341 hearing (starts at 13:30 minute mark).

Podcasts

Podcasts can be a way to learn about bankruptcy without having to read. Many of these podcasts are extremely informative.

The New Bankruptcy Law
Nolo Bankruptcy Author, Steve Elias

download this podcast episode Download the MP3
( 8.1MB 11min 43sec )

In this interview, with attorney Stephen Elias discusses, the differences between Chapter 7 and Chapter 13 bankruptcies as well as costs and trends under the new bankruptcy law. Podcast | Transcript

Other Nolo Podcasts

 

 

Financial Literacy

Overseas Bankruptcy

 

Bankruptcy in the UK

For our British friends who need financial help, check out this site, Becoming Bankrupt, a comprehensive site that tells how to file bankruptcy in the UK. It's quite a bit easier to obtain bankruptcy protection over there. Like LegalConsumer.com, their site explains the process and offers lots of links to resources and information.

History of the Means Test on
C-SPAN

C-Span now offers indexed video archives of congressional hearings and debates. There are some gems in here, especially the floor speeches on March 1, 2005 as proponents of bankruptcy reform tried to make their case.

For example, watch Senator Orrin Hatch (R-Utah) claim that banks are the good guys at the mercy of dishonest consumers, and that the general public will benefit to the tune of 3.8 billion dollars if we just give Banks and Credit Card companies everything they want when it comes to bankruptcy reform.

Well the credit card companies got the law they wanted in BAPCPA. So... Where'd all that money go, Senator HatchConsumers never saw a dime of it, while bank profits and CEO salaries went through the stratosphere! Thank you, Senator Hatch!!?

 

Library of Congress:
Wisconsin Legal Research Resources

Source: http://www.loc.gov/law/help/guide/states/us-wi.php

See Also...

Other useful resources if you're interested in bankruptcy links.

Legislation & Politics

For keeping track of the influence of money in Congress.