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Specializing in Insolvency, Bankruptcy & Debt Restructuring.

No one ever plans on being weighed down by debt and no one ever lends money without an expectation of being repaid.  Yet sometimes, life does not go the way we planned or hoped.

If you and your family are drowning in debt and do not know where to turn, if you are concerned about losing your home to foreclosure, if your business has declined and you are concerned about the future, or if you are a creditor who finds themselves in a bankruptcy case, you have rights and options.

With our experience and expertise we can help you seize opportunities and navigate you through the complex legal terrain of Bankruptcy Law, Mortgage Modification and Debt Restructuring.

To learn how McLeod Law Offices can help you reach your goals, contact us today.

Mcleod Law Blog

Debt Relief Agencies… Part II

As I mentioned earlier this week, the US Supreme Court issued a ruling upholding the BAPCPA requirement that attorneys be considered “debt relief agencies.”

So we’re clear: I did not go to debt relief agency school.  I went to law school.  I’m not a member of the Boston Bar Association Debt Relief Agency Steering Committee; it’s the Bankruptcy Steering Committee.  I’m not a member and author for the American Debt Relief Institute; it’s the American Bankruptcy Institute.  I’m not a debt relief agent.  I’m an attorney.

Now that I’ve cleared the air on that, let me share with you some of my concerns with this decision and its implications.

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“We Are A Debt Relief Agency…”

Have you see advertisements for bankruptcy attorneys and seen this phrase?

Has a bankruptcy attorney ever said to you “sorry, we cannot advise you to incur debt because you’re seeking bankruptcy protection”?

Ever wonder why?  Well, wonder no more.  This morning, the Supreme Court of the United States issued its decision in the case of Milvatez, Gallop & Milavetz, P.A., et al. v. United States.  The high court has held that (1) attorneys who give bankruptcy assistance (as defined in the Bankruptcy Code) are debt relief agencies; (2) attorneys cannot advise clients to incur debt because they are filing bankruptcy.  The decision is 35 pages, and I’ll be reading through it this week.

Read the decision here.

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Redux Predators in our Midst: A Warning for Homeowners Facing Foreclosure

This first appeared on May 27, 2008.  Unfortunately even today, there are people looking to scam those who can least afford it.  If you’re facing foreclosure or know someone who is, this is an important read.

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Redux: Things Will Get Worse Before They Get Better

I first posted this on February 18, 2008 – more than two years ago… before the election.  As I was reading through it, it occurred to me…  I wasn’t far off base.  Some of the links no longer lead to the page intended, but it’s worth a second look – and perhaps a second thought.

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Guest Blog: Perspectives

Today, we have something a different… our first guest blogger: a former client who shares her perspectives on her journey into, through and out of bankruptcy.


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Talking to the Kids: Dealing with Failure

As you can see, in the title I use the “F” word.  Now, I want to point out that by using the “F” word, I’m not saying that you – as a parent deep in debt – are a failure.  Yet talking to your kids might raise some concerns that you have about how they might perceive you – and the choices you have made.  And that’s the tough road I’m going to talk about today. Read the rest of this entry »

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Kids Aren’t Stupid (Really)

That’s a heck of a title, eh?  It does however, encapsulate the theme of today’s thoughts on talking to kids about the debt the family finds itself in.  Just because you’re not talking about the debt issues you as a parent are struggling with does not mean that the kids don’t know – or sense something is terribly wrong. Read the rest of this entry »

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Talking to your Kids

Recently, when I was talking to a client she expressed her concerns about her kids finding out how bad the household finances are.  It’s not the first time I’ve heard clients express those concerns to me.  And when parents are facing some real tough decisions, there are no easy answers I can provide.  Yet when it comes to having to talk to kids about the debt problems that affect the household, isn’t it important to talk to them?   In this series, I’ll be sharing much of my own observations in speaking with clients, in speaking with colleagues, and in some cases, in speaking with and learning from kids. Read the rest of this entry »

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Loan Modification Scams

As more and more people try anything to avoid losing their homes, more and more people are getting scammed.

Here are two links with important information for homeowners contemplating modifications:

This from The Christian Science Monitor:

TransUnion, a credit reporting company, released its own numbers on Tuesday. At the end of the fourth quarter last year, it said, 6.89 percent of all US mortgage payments were at least 60 days past due. That was an all-time high.

Enter unscrupulous loan-modification companies. They advertise on late night-television or radio shows and sound as if they are linked to the Obama program.

“Many of them have the word ‘hope’ in their phone number,” says Jonathan Mintz, commissioner of the Consumer Affairs Department in New York. “But it’s a false hope.”

And here’s a link mentioned in the same article that describes, among other things, 6 Facts You Should Know About Loan Modification Scams.

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CareOne: What’s Behind Those Commercials?

As I was watching the news the other night, I saw this commercial for CareOne Credit. The name rang in my head – and then it hit me:  I had recently read about them in a case while doing some research  Since the judge’s observations in that case and his comments were stuck in my head – and since I am seeing these commercials more and more -  I thought I would share them here.

The Case

In late 2006, Debra Wood was struggling with debt – and after apparently seeing an ad, she contacted CareOne Credit Counseling.  When she contacted CareOne, she was referred to Consumer Law Associates, LLC (CLA).  CLA then gave her documents to start her into a debt management plan – which would be administered by Ruther and Associates, LLC (RA).  They describe themselves as a “national law firm dedicated to consumer debt reduction.”  As the facts of this case unfold, you’ll see what that description is inaccurate – at best.

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