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  #1  
Old 05-22-2005, 03:17 PM
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Join Date: Apr 2005
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New BR law question

What is the name of your state? Fl

Under the new law will collection companies and banks have an eisier time when trying to collect? Will they be bolder and have less roadblocks?
Thanks
  #2  
Old 05-22-2005, 03:33 PM
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Location: Nashville,TN
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No. The new bankruptcy law in no way modifies the FDCPA or state collection laws. They WILL have new rights during bankruptcy though, some of which really suck rocks.
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  #3  
Old 05-22-2005, 03:55 PM
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Will it encourage them to turn over all the rocks

Fl

Will the new law encourage them to dig up the cases they've put to sleep already?
  #4  
Old 05-22-2005, 04:05 PM
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Posts: 6,455
I think you'll see orginal creditors and collection agencies litigate earlier and more frequently if they can identify someone with an income above the median for their state. They'll know a Chapter 7 will be near impossible in those circumstances.
  #5  
Old 05-22-2005, 04:08 PM
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Maybe..but the govt still has to pick what would be under the rock

Even if they 'turn up further rocks'...unless the Trustee and/or the US Attorney decide that it's worth their time to act upon what has been uncovered...nothing is likely to happen..
depending on the location the cut-off is usually at least 50K if not
100k for the Govt to start getting upset at the debtor...
before that, the most I've seen them do is a motion to dismiss the case...

part of the problem is that the US Trustee's office is understaffed in some
of the busiest districts ( one that I dealt with had onle 2 lawyers and
their workload was astounding..)

and even if they get to a point where they decide to make a criminal
referral..they to have to contend with the US Attorney, and their success
rate in getting follow-ups is apparently not very good...
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law and what happened when my previous employer used the bankruptcy code to ruin the lives of his employees while the Govt (that's you DOL...) just watched idly by..
  #6  
Old 05-22-2005, 05:55 PM
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Quote:
Originally Posted by edantes
Even if they 'turn up further rocks'...unless the Trustee and/or the US Attorney decide that it's worth their time to act upon what has been uncovered...nothing is likely to happen..
Ya got that right. I'm here to tell you that if you plan on committing a little cheateroni and your creditors don't have a policy of aggressively pursuing these things on their own, you're good to go. I live in the Middle District of Florida, which is the busiest in the country, and they just flat out don't deal with it. The Trustee hasn't filed an objection to confirmation in at least three years that I've researched, and maybe more. Not one.

So if you're in FLMB, have at it. Just lie and cheat and defraud with impugnity because they are too busy and can't be bothered. One caveat: if you've got a media-worthy name... like if you're another attorney, or if you're big-name cheatin' developer, then don't. When it comes to enforcement, it's all about getting the most bang for the buck. And if they can bang you, then they'll be all over that, sending out self-congratulatory press releases and all.
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Last edited by anabanana; 05-22-2005 at 06:02 PM.
  #7  
Old 05-22-2005, 10:20 PM
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Join Date: Apr 2005
Posts: 41
Angry

Don't forget to incorporate in Nevada...highly recommended

May I also recommend a Nevada incorporation...they have some of the
most 'business friendly' laws on the books ( ie unless you're really...
really bad..and the victims can prove they've been 'personally' injured
by your fraud (Polaris Indus v Kaplan )...you'll get away with it..)

in the mean time..the victims will just sit there and wonder what happened
and will watch you laugh at them from behind the automatic stay...
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I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law and what happened when my previous employer used the bankruptcy code to ruin the lives of his employees while the Govt (that's you DOL...) just watched idly by..
  #8  
Old 05-23-2005, 12:47 AM
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Careful now Ed and Ana. Don't be tryin' to hijack this forum and make it creditor friendly.
  #9  
Old 05-23-2005, 01:14 AM
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Posts: 302
I'm HONESTY friendly, Jim; I'm COMMON SENSE friendly. I work for frikken' Legal Aid, for cry eye. When the system gets hijacked by liars, it fails for everyone. I see "honest but unfortunate" debtors getting bent over all the time. I've personally sat through dozens of hearings watching pro se debtors -- even with the bullet-proofing of the stay-- get bent over by some institutional creditor with the money for the hired guns.

It's the people who get screwed out of all their operating cash and left without enough money to hire a lawyer, or the foolish debtors who think they can go it bare, who end up most victimized. Bankruptcy Court is without question the sickest, sickest system in the whole government, and I have seen a lot of government in my days. As a creditor, you have to PRIVATELY prosecute the person who burned you, but with your hands tied, because the U.S. Trustee and attorney have all the enforcement power and they won't pursue anything unless it's big dollar or media-worthy. And with your eyes shut, because the BK Trustee doesn't have to cooperate or share any info, even if you do try to personally prosecute the lyin' ass debtor. And that's if you're wealthy enough to hire a lawyer.

If not, to "eyes shut" and "hands tied" you can add "holding breath, underwater, swimming backwards in teeming pool of pirhanas." And that would about cover it.

Except for the raw sewage ... yeah, "backwards through pool of raw sewage teeming with pirhanas," is more like it. Yeah, that's pretty much it.
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Rremember that the justice system is all about the system, and very little about justice. . . "Fair" is just where you take a pig to get a ribbon.
  #10  
Old 05-23-2005, 01:20 AM
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Join Date: Apr 2005
Posts: 41

Hey..I'd settle for a level playing field...

Creditor friendly...surely you jest...

I'd settle for the existing laws being applied equally...because there are
cases where true hardship applies and an equitable bk should allow
debtors to get back on their feet...

but for those of us who get to experience this for the first time and
realize that small creditors seem to be nothing more than collateral
damage when the bankruptcy is less than honest...it can be a little
frustrating...
__________________
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law and what happened when my previous employer used the bankruptcy code to ruin the lives of his employees while the Govt (that's you DOL...) just watched idly by..
  #11  
Old 05-23-2005, 01:34 AM
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ladynred???
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