Mortgage modification, executive compensation likely to be dropped from senate agenda

Senate Democratic leaders appear likely to drop several high-profile legislative issues from their agenda, including efforts to tax bonuses paid to corporate executives and giving bankruptcy judges the ability reduce mortgage payments on the primary mortgages of chapter 13 debtors, according to a Congress Daily report today. Senate aides said that the legislative agenda this year might increasingly focus on revamping financial regulations — which could reach the Senate floor in late summer — and on health care reform.

The chamber will reconvene April 20 by taking up a fraud-enforcement bill that authorizes increasing Justice Department funding and authority to crack down on mortgage fraud and other crimes related to federal assistance programs. Those efforts come as more high-profile legislation sits on the back burner in the face of opposition from Republicans and moderate Democrats. Senate Majority Leader Harry Reid (D-Nev.) and Senate Finance Chairman Max Baucus (D-Mont.) have said that they have not dropped efforts to craft a bill slapping heavy taxes on bonuses for firms such as American International Group that received bailout money, but Democrats have no immediate plans to move an AIG bill in the face of White House concerns and strong opposition from the banking industry. Also faltering is mortgage cramdown legislation that lobbyists and some senators say lacks the votes to pass. Reid has said previously that he is prepared to drop the cramdown language provision from a broader housing bill if the votes are not there.

-American Bankruptcy Institue 4/9/2009

Blog

Choosing a Bankruptcy Attorney

In these times of financial and housing crisis, choosing the right bankruptcy attorney is a crucial decision. The following factors should be taken into account when choosing the right bankruptcy attorney for you:

  1. Reputation: Choose an attorney with a record of success who has earned the respect of his colleagues.  Since the work done by your bankruptcy attorney will have an impact on your financial life, make sure you choose an attorney with a history of successful bankruptcy filings.
  2. Experience and Exclusivity: Choose an experienced attorney who understands the law and the finer aspects of bankruptcy procedure.  Do not choose an attorney who casually practices bankruptcy, among various other areas of practice.  Make sure you choose a seasoned bankruptcy attorney, i.e., one who understands the local rules, the local practices and preferences of trustees and judges preferences, and how to work with the local creditor attorneys.
  3. Reasonable fees: Choose an attorney whose fees are fair.  Make sure the attorney offers payment arrangements, if necessary, and they do not wait until being paid in full to begin working for you.  Attorney fees vary across the board.  Your bankruptcy attorney should work with you to establish a fair fee and provide you with a flexible payment plan.  A good bankruptcy attorney can save you much more than you have to pay in fees by structuring cost-saving reaffirmation agreements, settling with creditors as needed and useful exemption planning.
  4. Location: Proximity to your home should not be a strong consideration when choosing a bankruptcy attorney.  In today’s electronic age, paperwork can be handled in person, by mail, e-mail or fax.  It is far more important that you choose an experienced, qualified attorney than to choose an attorney because his office is five minutes away from your home.  When you broaden your perimeter, you will have a much larger base of attorneys to choose from and will ultimately find the attorney that is right for you.
  5. Accountability: Be careful in choosing an attorney who uses paralegals to consult with and draft the paperwork.  Regardless of the size of the firm, it is always best when the attorney personally consults with you and personally drafts your bankruptcy documents.  There are many firms that use paralegals to draft the paperwork and the paperwork is subsequently signed by an attorney you have never met.
  6. No Paralegals: The old adage, “You get what you pay for” certainly holds true in the case of paralegals.  Be wary of paralegals.  In many circumstances, paralegals do not understand the local rules, do not stay up to date with the most recent forms, offer no protection when your case goes sour and have no accountability for the paperwork they draft.  While practicing, I cannot tell you how many times I have come across cases that have been entirely butchered by paralegals.  Unfortunately, in those cases, the debtors ended up paying significantly more in attorneys fees than they would have had they initially consulted with competent legal counsel.
  7. Free Consultation: An attorney who places his clients needs first will provide a free consultation.  If an attorney insists on a consultation fee, for bankruptcy legal advice, look for another attorney.
    The Wadhwani Law Firm, APLC offers free in-person or telephonic consultations by experienced, reputable attorneys that draft their own petitions.  If you retain our office, we begin preparing all of your paperwork immediately.  More importantly, you can begin referring your creditors to us immediately.

For a free consultation, call (800) 958-6760 or email info@thewsfirm.com

Blog
FOLLOW US

  • FILL IN FOR PROMPT RESPONSE

    CONTACT US TOLL-FREE

    1-800-958-6760

    Name:


    E-mail Address:


    Phone Number:


    Your Message Here :

    What is two + three?




    • Wadhwani & Shanfeld, APLC, is a federally designated DEBT RELIEF AGENCY as defined in the 2005 amendments to the US Bankruptcy Code. This law firm provides legal advice regarding the pros and cons of filing bankruptcy and represents people and small businesses in filing for bankruptcy relief under the US Bankruptcy Code.

    Wadhwani & Shanfeld, APLC's practice areas include: Los Angeles Bankruptcy Lawyer, Los Angeles Bankruptcy Attorney, chapter 7 bankruptcy in los angeles, chapter 13 bankruptcy in los angeles, personal bankruptcy in los angeles, filing bankruptcy in Los Angeles, file bankruptcy in Los Angeles, Los Angeles bankruptcy, bankruptcy Los Angeles, bankruptcy lawyer in Los Angeles, and California bankruptcy law firm.
    Contact Wadhwani & Shanfeld, APLC, Los Angeles Bankruptcy Lawyers.

    professional counsel. Unless and until an attorney-client relationship is established, e-mail and other communications sent may not be privileged. This site and the content herein is be considered an advertisement under regulations of the California State Bar.