Posts Tagged ‘California Bar’

TBI

Friday, August 7th, 2009


Any type of accident injuring the head may cause a serious condition called Traumatic Brain Injury (TBI). This is a serious and life-altering injury. Traumatic Brain Injury is a serious brain injury that many individuals never recover from. It produces severe symptoms and may alter a victim’s personality, motor skills, communication skills, speech, and ability to reason or think clearly. Many victims of Traumatic Brain Injury are never able to work again. They will also require ongoing medical care and financial assistance for the rest of their lives.

Our traumatic brain injury attorneys will work relentlessly to get compensation for the victim. Many times, the victim will require medical assistance and monitoring the rest of their life. Our traumatic brain injury attorneys will consult with a medical expert to prepare a cost estimate of medical treatment for the rest of the victim’s life. In addition, our traumatic brain injury attorneys will obtain a detailed report showing the victim’s lost wages and any future earnings that the victim is entitled to receive. Let our traumatic brain injury attorneys handle your case so you may concentrate on getting better and making a full recovery.

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Bike Accidents

Sunday, August 2nd, 2009

Las Vegas bike accident

Collisions between a bike and a car often produce catastrophic injuries. A bike rider has no protection from a car accident. A collision will knock the bike rider to the ground and cause serious injuries. Common injuries from bike accidents include broken bones, spinal injuries, brain injuries, and paralysis. These injuries arise from a series of causes. First, the bike rider is struck by a car. Second, the bike rider falls to the ground. Third, the bike rider is struck by oncoming traffic as they lay in the street unable to move. Our bike accident attorneys are able to get you the money you deserve for your injuries.

Bike accidents will almost always require immediate and expensive medical care. This is the natural result of the traumatic forces involved in the collision. As well as secondary causes, such as being run over after the bike rider is knocked to the ground. Our bike accident attorneys can assist you in getting payment for medical bills, as well as future medical costs.

It is critical that an experienced bike accident attorney handle your case. Bike accident cases are complex and require detailed investigation. Frequently, the bike is mangled and it is impossible to determine where or how the car struck the bike and bike rider. In addition, there may be a lack of typical physical evidence such as skid marks. Our bike accident attorneys are skilled in reviewing and analyzing the facts of the accident and determining the cause of the bike accident. Frequent causes of bike accidents include:

  1. Failure to maintain a travel lane
  2. Failure to see the bike rider
  3. Passing the bike rider unsafely
  4. Turning in front of a bike rider
  5. Striking a bike rider from behind

Our bike accident attorneys can investigate your bike accident and help you concentrate on the recovery process. Bike accident victims may be entitled to significant financial compensation for their injuries. Our bike accident attorneys will work hard to get you all the money you deserve. You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case. If you have suffered an injury, please contact our bike accident attorneys immediately so we may begin getting you the money you deserve.

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Premises Liability

Saturday, August 1st, 2009

Slip and Fall Accidents (Premises Liability)
          A property or store owner is responsible for maintaining the location in a safe manner.  An individual may recover damages from a person who allows a dangerous or unsafe condition to exist on their property.  If a slip and fall accident happens, our slip and fall attorneys are available to assist you. 

 

         A slip and fall accident can happen anyplace there is an unsafe or dangerous condition.  Common locations include grocery stores, movie theatres, restaurants, department stores, and unmarked stairs or drop-offs.  Our slip and fall accident attorneys are able to evaluate your case and get you the maximum compensation for your injuries.  Slip and fall accident victims may be entitled to significant financial compensation for their injuries.  Our slip and fall accident attorneys will work hard to get you all the money you deserve.  You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case.  If you have suffered an injury, please contact our slip and fall accident attorneys immediately so we may begin getting you the money you deserve.

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Slip and Fall

Saturday, August 1st, 2009

Slip and Fall Accidents
          A property or store owner is responsible for maintaining the location in a safe manner.  An individual may recover damages from a person who allows a dangerous or unsafe condition to exist on their property.  If a slip and fall accident happens, our slip and fall attorneys are available to assist you. 

 

         A slip and fall accident can happen anyplace there is an unsafe or dangerous condition.  Common locations include grocery stores, movie theatres, restaurants, department stores, and unmarked stairs or drop-offs.  Our slip and fall accident attorneys are able to evaluate your case and get you the maximum compensation for your injuries.  Slip and fall accident victims may be entitled to significant financial compensation for their injuries.  Our slip and fall accident attorneys will work hard to get you all the money you deserve.  You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case.  If you have suffered an injury, please contact our slip and fall accident attorneys immediately so we may begin getting you the money you deserve.

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Car Accidents

Saturday, August 1st, 2009

Car Accident, auto wreck. Collision with pole

       Car accidents in Las Vegas are an unfortunate reality.  The roads are plagued with overly aggressive drivers or drivers that do not pay attention to the road and their surroundings. Drivers like these cause accidents.
         Car accidents produce a wide range of injuries.  These range from broken bones caused by the traumatic forces of collisions, to soreness and stiffness associated with “whiplash.”  Our car accident attorneys frequently deal with insurance companies and notice they will typically try to deny all but the most obvious injuries.  Insurance companies will attempt to deny certain injuries that are difficult to diagnose, such as whiplash or other soft-tissue injuries.  They will also seek to refuse to reimburse medical expenses for diagnostic treatment such as an MRI or X-Rays.  However, when our experienced car accident attorneys contact the insurance companies, they know these delaying tactics will not work and that they cannot take further advantage of a victim.  Our car accident attorneys will work hard and force the insurance company to pay you all the money you deserve. 

       Unfortunately, car accidents frequently produce injuries.  An injured victim is first struck by another driver; and second victimized by an insurance company that refuses to pay the victim a proper settlement for their injuries.  Insurance companies have no incentive to properly compensate victims.  Insurance companies are not in business to pay money to victims, they are in business to make money.  Shortly after a collision, the insurance company may contact the victim and offer a small monetary settlement.  This is almost never a fair settlement, and the insurance companies hope the victim does not contact a car accident attorney.  Our car accident attorneys are able to get you the maximum compensation for your injuries, and prevent you from accepting a very unfair deal from a greedy insurance company. 

         Common injuries associated with car accidents are discussed in general “layman’s” terms below.  For a complete diagnosis and treatment, please consult with your treating physician.


  1. Herniated disc – A serious condition caused when the internal fluid from a disc in a victim’s spine leaks out of the disc.  This causes severe irritation to the nearby nerves.  The body identifies the leaking fluid as a foreign substance and attacks the fluid, causing extreme pain because the “battle” takes place on the nearby nerve roots.  Please feel free to contact your treating doctor or our car accident attorneys for additional helpful information. 
  2. Bulging or protruding disc – A “bulging” or “swelling” of the disc.  This condition is troubling because the swelling or bulging may cause the disc to push against a nearby nerve root.  This is associated with tingling or pain in the extremities, as well as back pain.  Please feel free to contact your treating doctor or our car accident attorneys for additional helpful information. 
  3. Annular tearing – An internal disruption of the disc in a victim’s spine.  It is associated with a ripping of the disc and is very painful because there is an abundance of nerves present in the area.  Annular tearing can produce severe back pain and possibly leg pain because the effected nerves travel to the legs.  Please feel free to contact your treating doctor or our car accident attorneys for additional helpful information. 
  4. Spinal cord injury – Any type of accident may cause an injury to the spinal cord.  This is a serious and life-altering injury.  It produces severe symptoms that will alter a person’s life.  Many times, a spinal cord injury produces paralysis or other loss of motion.  Unfortunately, many of these injuries are permanent and the victim will never recover fully from the accident.  Victims with a spinal injury may never be able to walk again.  In addition, the victim may require full-time care, such as a nurse, and may never be able to work again.  They will also require ongoing medical care and financial assistance for the rest of their lives.   Please feel free to contact your treating doctor or our car accident attorneys for additional helpful information. 
  5. Traumatic brain injury (TBI) – Any type of car accident injuring the head may cause a serious condition called Traumatic Brain Injury (TBI).  This is a serious and life-altering injury.  Traumatic Brain Injury is a serious brain injury that many individuals never recover from.  It produces severe symptoms and may alter a victim’s personality, motor skills, communication skills, speech, and ability to reason or think clearly.  Many victims of Traumatic Brain Injury are never able to work again.  They will also require ongoing medical care and financial assistance for the rest of their lives.   Please feel free to contact your treating doctor or our car accident attorneys for additional helpful information. 
  6. Other injuries – any part of the body can be injured in a car accident.  Some of the common injuries are discussed above.  For details on additional injuries, please contact our experienced car accident attorneys. 

Car accident victims may be entitled to significant financial compensation for their injuries.  Our car accident attorneys will work hard to get you all the money you deserve.  You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case.  If you have suffered an injury, please contact our car accident attorneys immediately so we may begin getting you the medical treatment and money you deserve.   

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Joshua L. Harmon

Saturday, August 1st, 2009

Joshua L. Harmon, Esq.

Joshua L. Harmon, Esq.

Joshua L. Harmon, Esq. is the principal of the Law Office of Joshua L. Harmon. He concentrates his practice in personal injury law.

Mr. Harmon earned his Juris Doctor degree from Washington and Lee School of Law and his Bachelor degree, with honors, from Franklin & Marshall College. While at Franklin & Marshall College, Mr. Harmon worked as a Symbolic Logic Tutor and Classical History Preceptor. Prior to practicing law, Mr. Harmon was a member of the United States Military and attended the United States Army Drill Sergeant’s School.

Mr. Harmon began his legal career at the law firm of Harmon & Davies, P.C. Corporate clients were attracted to his aggressive results-oriented approach to litigation. His notable clients included Mars, Inc., Kal Kan Foods, Masterfoods USA, Sysco, Uncle Ben’s, and Amoi Electronics. Mr. Harmon spent approximately twelve (12) years at Harmon & Davies honing his trial skills.

Mr. Harmon later departed and formed his own law firm concentrating in the area that he enjoyed most – helping injured individuals. He personally handles all aspects of each client’s case and relentlessly pushes each case towards the most favorable resolution.

Mr. Harmon is admitted to the Nevada Bar, California Bar, and Pennsylvania Bar. He is an active member of the Nevada Trial Lawyers Association. He enjoys outdoor activities and spending time with his two year old daughter.

etc. Joshua L. Harmon, Esq. is the principal of the Law Office of Joshua L. Harmon. He concentrates his practice in personal injury law.

 

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Joshua Harmon

Saturday, August 1st, 2009

Joshua L. Harmon, Esq.

Joshua L. Harmon, Esq. is the principal of the Law Office of Joshua L. Harmon. He concentrates his practice in personal injury law.

Mr. Harmon earned his Juris Doctor degree from Washington and Lee School of Law and his Bachelor degree, with honors, from Franklin & Marshall College. While at Franklin & Marshall College, Mr. Harmon worked as a Symbolic Logic Tutor and Classical History Preceptor. Prior to practicing law, Mr. Harmon was a member of the United States Military and attended the United States Army Drill Sergeant’s School.

Mr. Harmon began his legal career at the law firm of Harmon & Davies, P.C. Corporate clients were attracted to his aggressive results-oriented approach to litigation. His notable clients included Mars, Inc., Kal Kan Foods, Masterfoods USA, Sysco, Uncle Ben’s, and Amoi Electronics. Mr. Harmon spent approximately twelve (12) years at Harmon & Davies honing his trial skills.

Mr. Harmon later departed and formed his own law firm concentrating in the area that he enjoyed most – helping injured individuals. He personally handles all aspects of each client’s case and relentlessly pushes each case towards the most favorable resolution.

Mr. Harmon is admitted to the Nevada Bar, California Bar, and Pennsylvania Bar. He is an active member of the Nevada Trial Lawyers Association. He enjoys outdoor activities and spending time with his two year old daughter.

Joshua L. Harmon, Esq. is the principal of the Law Office of Joshua L. Harmon. He concentrates his practice in personal injury law.

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Chapter 7

Saturday, August 1st, 2009

Chapter 7

Liquidation Under the Bankruptcy Code

The chapter of the Bankruptcy Code providing for “liquidation,” ( i.e., the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors.)

a. Alternatives to Chapter 7
b. Background
c. Chapter 7 Eligibility
d. How Chapter 7 Works
e. Role of the Case Trustee
f. The Chapter 7 Discharge

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Alternatives to Chapter 7

Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code.

In addition, individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to “catch up” past due payments through a payment plan. Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707(b).

If the debtor’s “current monthly income”(1) is more than the state median, the Bankruptcy Code requires application of a “means test” to determine whether the chapter 7 filing is presumptively abusive. Abuse is presumed if the debtor’s aggregate current monthly income over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,950, or (ii) 25% of the debtor’s nonpriority unsecured debt, as long as that amount is at least $6,575. (2) The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor’s consent) or will be dismissed. 11 U.S.C. § 707(b)(1).

Debtors should also be aware that out-of-court agreements with creditors or debt counseling services may provide an alternative to a bankruptcy filing.

Background

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor’s property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain “exempt” property; but a trustee will liquidate the debtor’s remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.

Chapter 7 Eligibility

To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor’s debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a “fresh start.” The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.

How Chapter 7 Works

A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. (3) In addition to the petition, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b). Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). 11 U.S.C. § 521. Individual debtors with primarily consumer debts have additional document filing requirements. They must file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors. (The Official Forms may be purchased at legal stationery stores or downloaded from the internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.)

The courts must charge a $245 case filing fee, a $39 miscellaneous administrative fee, and a $15 trustee surcharge. Normally, the fees must be paid to the clerk of the court upon filing. With the court’s permission, however, individual debtors may pay in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006. For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than 180 days after filing the petition. Id. The debtor may also pay the $39 administrative fee and the $15 trustee surcharge in installments. If a joint petition is filed, only one filing fee, one administrative fee, and one trustee surcharge are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 707(a).

If the debtor’s income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 28 U.S.C. § 1930(f).

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must provide the following information:

1. A list of all creditors and the amount and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.
Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household’s financial position.

Among the schedules that an individual debtor will file is a schedule of “exempt” property. The Bankruptcy Code allows an individual debtor (4) to protect some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor’s home state. 11 U.S.C. § 522(b). Many states have taken advantage of a provision in the Bankruptcy Code that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, the individual debtor has the option of choosing between a federal package of exemptions or the exemptions available under state law. Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. The debtor should consult an attorney to determine the exemptions available in the state where the debtor lives.

Filing a petition under chapter 7 “automatically stays” (stops) most collection actions against the debtor or the debtor’s property. 11 U.S.C. § 362. But filing the petition does not stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

Between 20 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor’s financial affairs and property. 11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors’ meeting and answer questions. Within 10 days of the creditors’ meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).

It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests. The Bankruptcy Code requires the trustee to ask the debtor questions at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy such as the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. 11 U.S.C. § 341(c).

In order to accord the debtor complete relief, the Bankruptcy Code allows the debtor to convert a chapter 7 case to case under chapter 11, 12 or 13 (6) as long as the debtor is eligible to be a debtor under the new chapter. However, a condition of the debtor’s voluntary conversion is that the case has not previously been converted to chapter 7 from another chapter. 11 U.S.C. § 706(a). Thus, the debtor will not be permitted to convert the case repeatedly from one chapter to another.

Role of the Case Trustee

When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor’s nonexempt assets. 11 U.S.C. §§ 701, 704. If all the debtor’s assets are exempt or subject to valid liens, the trustee will normally file a “no asset” report with the court, and there will be no distribution to unsecured creditors. Most chapter 7 cases involving individual debtors are no asset cases. But if the case appears to be an “asset” case at the outset, unsecured creditors (7) must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed to file a claim. 11 U.S.C. § 502(b)(9). In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution. If the trustee later recovers assets for distribution to unsecured creditors, the Bankruptcy Court will provide notice to creditors and will allow additional time to file proofs of claim. Although a secured creditor does not need to file a proof of claim in a chapter 7 case to preserve its security interest or lien, there may be other reasons to file a claim. A creditor in a chapter 7 case who has a lien on the debtor’s property should consult an attorney for advice.

Commencement of a bankruptcy case creates an “estate.” The estate technically becomes the temporary legal owner of all the debtor’s property. It consists of all legal or equitable interests of the debtor in property as of the commencement of the case, including property owned or held by another person if the debtor has an interest in the property. Generally speaking, the debtor’s creditors are paid from nonexempt property of the estate.

The primary role of a chapter 7 trustee in an asset case is to liquidate the debtor’s nonexempt assets in a manner that maximizes the return to the debtor’s unsecured creditors. The trustee accomplishes this by selling the debtor’s property if it is free and clear of liens (as long as the property is not exempt) or if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property. The trustee may also attempt to recover money or property under the trustee’s “avoiding powers.” The trustee’s avoiding powers include the power to: set aside preferential transfers made to creditors within 90 days before the petition; undo security interests and other prepetition transfers of property that were not properly perfected under nonbankruptcy law at the time of the petition; and pursue nonbankruptcy claims such as fraudulent conveyance and bulk transfer remedies available under state law. In addition, if the debtor is a business, the bankruptcy court may authorize the trustee to operate the business for a limited period of time, if such operation will benefit creditors and enhance the liquidation of the estate. 11 U.S.C. § 721.

Section 726 of the Bankruptcy Code governs the distribution of the property of the estate. Under § 726, there are six classes of claims; and each class must be paid in full before the next lower class is paid anything. The debtor is only paid if all other classes of claims have been paid in full. Accordingly, the debtor is not particularly interested in the trustee’s disposition of the estate assets, except with respect to the payment of those debts which for some reason are not dischargeable in the bankruptcy case. The individual debtor’s primary concerns in a chapter 7 case are to retain exempt property and to receive a discharge that covers as many debts as possible.

The Chapter 7 Discharge

A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. Because a chapter 7 discharge is subject to many exceptions, though, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case – generally, 60 to 90 days after the date first set for the meeting of creditors. Fed. R. Bankr. P. 4004(c).

The grounds for denying an individual debtor a discharge in a chapter 7 case are narrow and are construed against the moving party. Among other reasons, the court may deny the debtor a discharge if it finds that the debtor: failed to keep or produce adequate books or financial records; failed to explain satisfactorily any loss of assets; committed a bankruptcy crime such as perjury; failed to obey a lawful order of the bankruptcy court; fraudulently transferred, concealed, or destroyed property that would have become property of the estate; or failed to complete an approved instructional course concerning financial management. 11 U.S.C. § 727; Fed. R. Bankr. P. 4005.

Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to “reaffirm” the debt. A reaffirmation is an agreement between the debtor and the creditor that the debtor will remain liable and will pay all or a portion of the money owed, even though the debt would otherwise be discharged in the bankruptcy. In return, the creditor promises that it will not repossess or take back the automobile or other property so long as the debtor continues to pay the debt.

If the debtor decides to reaffirm a debt, he or she must do so before the discharge is entered. The debtor must sign a written reaffirmation agreement and file it with the court. 11 U.S.C. § 524(c). The Bankruptcy Code requires that reaffirmation agreements contain an extensive set of disclosures described in 11 U.S.C. § 524(k). Among other things, the disclosures must advise the debtor of the amount of the debt being reaffirmed and how it is calculated and that reaffirmation means that the debtor’s personal liability for that debt will not be discharged in the bankruptcy. The disclosures also require the debtor to sign and file a statement of his or her current income and expenses which shows that the balance of income paying expenses is sufficient to pay the reaffirmed debt. If the balance is not enough to pay the debt to be reaffirmed, there is a presumption of undue hardship, and the court may decide not to approve the reaffirmation agreement. Unless the debtor is represented by an attorney, the bankruptcy judge must approve the reaffirmation agreement.

If the debtor was represented by an attorney in connection with the reaffirmation agreement, the attorney must certify in writing that he or she advised the debtor of the legal effect and consequences of the agreement, including a default under the agreement. The attorney must also certify that the debtor was fully informed and voluntarily made the agreement and that reaffirmation of the debt will not create an undue hardship for the debtor or the debtor’s dependants. 11 U.S.C. § 524(k). The Bankruptcy Code requires a reaffirmation hearing if the debtor has not been represented by an attorney during the negotiating of the agreement, or if the court disapproves the reaffirmation agreement.11 U.S.C. § 524(d) and (m). The debtor may repay any debt voluntarily, however, whether or not a reaffirmation agreement exists. 11 U.S.C. § 524(f).

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual’s debts are discharged in chapter 7. Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor’s operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders.11 U.S.C. § 523(a). The debtor will continue to be liable for these types of debts to the extent that they are not paid in the chapter 7 case. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. § 523(c); Fed. R. Bankr. P. 4007(c).

The court may revoke a chapter 7 discharge on the request of the trustee, a creditor, or the U.S. trustee if the discharge was obtained through fraud by the debtor, if the debtor acquired property that is property of the estate and knowingly and fraudulently failed to report the acquisition of such property or to surrender the property to the trustee, or if the debtor (without a satisfactory explanation) makes a material misstatement or fails to provide documents or other information in connection with an audit of the debtor’s case. 11 U.S.C. § 727(d).

——————————————————————————–

NOTES

1. The “current monthly income” received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and including income from the debtor’s spouse if the petition is a joint petition, but not including social security income or certain payments made because the debtor is the victim of certain crimes. 11 U.S.C. § 101(10A). return to text
2. To determine whether a presumption of abuse arises, all individual debtors with primarily consumer debts who file a chapter 7 case must complete Official Bankruptcy Form B22A, entitled “Statement of Current Monthly Income and Means Test Calculation – For Use in Chapter 7.” (The Official Forms may be purchased at legal stationery stores or downloaded from the internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.) return to text
3. An involuntary chapter 7 case may be commenced under certain circumstances by a petition filed by creditors holding claims against the debtor. 11 U.S.C. § 303. return to text
4. Each debtor in a joint case (both husband and wife) can claim exemptions under the federal bankruptcy laws. 11 U.S.C. § 522(m). return to text
5. In North Carolina and Alabama, bankruptcy administrators perform similar functions that U.S. trustees perform in the remaining 48 states. These duties include establishing a panel of private trustees to serve as trustees in chapter 7 cases and supervising the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code. The bankruptcy administrator program is administered by the Administrative Office of the United States Courts, while the U.S. trustee program is administered by the Department of Justice. For purposes of this publication, references to U.S. trustees are also applicable to bankruptcy administrators. return to text
6. A fee is charged for converting, on request of the debtor, a case under chapter 7 to a case under chapter 11. The fee charged is the difference between the filing fee for a chapter 7 and the filing fee for a chapter 11. 28 U.S.C. § 1930(a). Currently, the difference is $755. Id. There is no fee for converting from chapter 7 to chapter 13. return to text
7. Unsecured debts generally may be defined as those for which the extension of credit was based purely upon an evaluation by the creditor of the debtor’s ability to pay, as opposed to secured debts, for which the extension of credit was based upon the creditor’s right to seize collateral on default, in addition to the debtor’s ability to pay. return to text

 

 

 

Source:  http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/process.html

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Home Affordable Refinance Program

Saturday, August 1st, 2009

About Making Home Affordable

The Obama Administration has introduced a comprehensive Financial Stability Plan to address the key problems at the heart of the current crisis and get our economy back on track. A critical piece of that effort is Making Home Affordable, a plan to stabilize our housing market and help up to 7 to 9 million Americans reduce their monthly mortgage payments to more affordable levels.

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.

We hope that you will find this website informative and useful as we all work together to solve our nation’s housing crisis and put our country on the path to a lasting economic recovery.

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Q1 2009 Realty Trac

Saturday, August 1st, 2009

Foreclosure Activity Increases 9 Percent in First Quarter According to RealtyTrac(R) U.S. Foreclosure Market Report

 
   U.S. Foreclosure Market Report Q1 2009 Heat Map. (PRNewsFoto/RealtyTrac Inc.)
 
IRVINE, CA UNITED STATES
   

  

 

    U.S. Foreclosure Activity Up 24 Percent From Q1 2008

    March Activity Up 17 Percent From February, 46 Percent From March 2008

    IRVINE, Calif., April 16 /PRNewswire/ -- RealtyTrac(R)
(http://www.realtytrac.com), the leading online marketplace for foreclosure
properties, today released its U.S. Foreclosure Market Report(TM) for Q1
2009, which shows that foreclosure filings -- default notices, auction sale
notices and bank repossessions -- were reported on 803,489 properties in
the first quarter, a 9 percent increase from the previous quarter and an
increase of nearly 24 percent from Q1 2008. One in every 159 U.S. housing
units received a foreclosure filing during the quarter.

    Foreclosure filings were reported on 341,180 properties in March, a 17
percent increase from the previous month and a 46 percent increase from
March 2008. The March and Q1 2009 totals were the highest monthly and
quarterly totals since RealtyTrac began issuing its report in January 2005
despite a decrease in bank repossessions (REOs), which were down 13 percent
from the fourth quarter of 2008 and 3 percent from February totals.

    "In the month of March we saw a record level of foreclosure activity --
the number of households that received a foreclosure filing was more than
12 percent higher than the next highest month on record. Since much of this
activity was in new foreclosure actions, it suggests that many lenders and
servicers were holding off on executing foreclosures due to industry
moratoria and legislative delays," said James J. Saccacio, chief executive
officer of RealtyTrac. "It's also likely that the drop in REO activity can
be attributed to these processing delays, rather than to any of the
foreclosure prevention programs currently in place. It's very likely that
we'll see the number of REOs increase again now that most of the moratoria
have been lifted."

    "On a positive note, it appears that demand is up in some of the
harder-hit areas, particularly on bank-owned REO properties that first time
homebuyers and investors see as bargains," Saccacio continued. "But it's
unlikely that this increased demand will be enough to offset the growing
number of foreclosures in the pipeline, accelerated by rising unemployment
rates."

    Nevada, Arizona, California post top state foreclosure rates in first
quarter

    Nevada continued to document the nation's highest state foreclosure
rate in the first quarter, with one in every 27 housing units receiving a
foreclosure filing -- more than five times the national average.
Foreclosure filings were reported on 41,296 Nevada properties during the
quarter, an increase of 19 percent from the previous quarter and an
increase of nearly 111 percent from Q1 2008. Bank repossessions in Nevada
were down 3 percent from the previous quarter, but defaults increased 27
percent and auction sale notices increased 35 percent.

    Arizona posted the nation's second highest state foreclosure rate for
the first quarter, with one in every 54 housing units receiving a
foreclosure filing, and California posted the nation's third highest state
foreclosure rate, with one in every 58 housing units receiving a
foreclosure filing.

    Other states with foreclosure rates ranking among the top 10 in the
first quarter were Florida, Illinois, Michigan, Georgia, Idaho, Utah and
Oregon.

    Five states account for nearly 60 percent of nation's first quarter
total

    California, Florida, Arizona, Nevada and Illinois accounted for nearly
60 percent of the nation's foreclosure activity in the first quarter, with
479,516 properties receiving foreclosure filings in the five states
combined.

    With 230,915 properties receiving foreclosure filings during the
quarter, California accounted for nearly 29 percent of the nation's total.
The state's foreclosure activity increased 35 percent from the previous
quarter and 36 percent from Q1 2008, and the first-quarter total was
state's highest quarterly total since RealtyTrac began issuing its report
in the first quarter of 2005.

    Despite a 12 percent decrease from the previous quarter, Florida's
first quarter total was still second highest in the nation. Foreclosure
filings were reported on 119,220 Florida properties, a 36 percent increase
from the first quarter of 2008. The state posted the nation's fourth
highest state foreclosure rate during the quarter, with one in every 73
housing units receiving a foreclosure filing.

    Foreclosure filings were reported on 49,119 Arizona properties in the
first quarter of 2009, the third highest total among the states, and 41,296
Nevada properties received a foreclosure filing in the first quarter of
2009, the fourth highest total among the states.

    Illinois posted the nation's fifth highest total, with 38,966
properties receiving a foreclosure filing during the first quarter -- a 32
percent increase from the previous quarter and a 68 percent increase from
the first quarter of 2008. With one in every 135 housing units receiving a
foreclosure filing, the state's foreclosure rate also ranked fifth highest
among the states.

    Rounding out the states with the 10 highest foreclosure activity totals
in Q1 2009 were Michigan, Ohio, Georgia, Texas and Virginia.

    Report methodology

    The RealtyTrac U.S. Foreclosure Market Report provides a count of the
total number of properties with at least one foreclosure filing reported
during the month or quarter -- broken out by type of filing at the state
and national level. Data is also available at the individual county level
for both Q1 2009 and March 2009. Data is collected from more than 2,200
counties nationwide, and those counties account for more than 90 percent of
the U.S. population. RealtyTrac's report incorporates documents filed in
all three phases of foreclosure: Default -- Notice of Default (NOD) and Lis
Pendens (LIS); Auction -- Notice of Trustee Sale and Notice of Foreclosure
Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have
been foreclosed on and repurchased by a bank). If more than one foreclosure
document is filed against a property during the month or quarter, only the
most recent filing is counted in the report.

                      U.S. Foreclosure Market Data by State - Q1 2009

                            Properties with Foreclosure Filings

    Rate State
    Rank Name                   NOD          LIS       NTS         NFS
    --   U.S.                156,933      149,852    225,752     80,409
    35   Alabama                   0            0      2,291          0
    33   Alaska                    0            0        349          0
     2   Arizona                  21            0     35,079          0
    20   Arkansas                536            0      2,973          0
     3   California          124,875            0     60,256          0
    12   Colorado                  7            0      9,186          0
    15   Connecticut               0        4,256         16        461
    31   Delaware                  0            1          6        607
         District of Columbia    274            0        400          0
     4   Florida                   0       70,114        183     33,035
     7   Georgia                   1            0     18,938          0
    26   Hawaii                  300            0      1,094          0
     8   Idaho                 2,141            0      1,954          0
     5   Illinois                  0       19,848        120     11,612
    14   Indiana                   0        4,588         93      4,523
    38   Iowa                      0            0        718          0
    32   Kansas                    0          335         16        915
    42   Kentucky                  0          116         28      1,003
    40   Louisiana                 0            9         19      1,507
    39   Maine                   206           81        281        144
    16   Maryland                  0        6,547         21      1,584
    27   Massachusetts             0        4,282         11      1,401
     6   Michigan                791            0     21,863          0
    25   Minnesota                 8            0      3,750          0
    44   Mississippi               0            0        630          0
    28   Missouri                 32            0      4,003          0
    47   Montana                   0            0         23          0
    48   Nebraska                  0          161         10         18
     1   Nevada               20,534            0     10,320          0
    19   New Hampshire             0            0      1,648          0
    24   New Jersey                0        7,254         16      2,771
    41   New Mexico                0          294          4        266
    37   New York                  0        7,647         15      2,296
    36   North Carolina          514            0      2,253          0
    45   North Dakota              0            0          1         44
    11   Ohio                      0       12,279        137     10,398
    34   Oklahoma                802            0      1,249          0
    10   Oregon                3,166            0      5,465          0
    30   Pennsylvania              0        4,477         27      4,277
    18   Rhode Island              0            0        830          0
    23   South Carolina            0        3,196         29      1,372
    49   South Dakota              0            0          1         92
    17   Tennessee                 1            0      5,753          0
    29   Texas                    34            0     14,564          0
     9   Utah                  2,396            0      1,982          0
    50   Vermont                   0            0          1          0
    13   Virginia                294            0      9,858          0
    21   Washington                0            0      6,810          0
    46   West Virginia             0            0        285          0
    22   Wisconsin                 0        4,367         67      2,083
    43   Wyoming                   0            0        126          0

                                                 1/every  % change % change
    Rate State                                     X HU     from     from
    Rank Name                   REO       Total   (rate)    Q4 08    Q1 08
    --   U.S.                190,543    803,489     159      9.16    23.63
    35   Alabama               1,378      3,669     582     74.71   115.82*
    33   Alaska                  202        551     512    -24.31    14.55
     2   Arizona              14,019     49,119      54      6.22    79.24
    20   Arkansas              1,072      4,581     281     -3.23    22.09
     3   California           45,784    230,915      58     35.13    35.97
    12   Colorado              3,412     12,605     169    -13.84   -33.64
    15   Connecticut           1,143      5,876     245     -6.76   -23.01
    31   Delaware                214        828     469      2.60    54.19
         District of Columbia    163        837     340      4.23   -23.14
     4   Florida              15,888    119,220      73    -12.19    35.64
     7   Georgia               9,669     28,608     138     10.66     0.37
    26   Hawaii                  160      1,554     326     25.32   318.87
     8   Idaho                   198      4,293     147     15.56   137.18*
     5   Illinois              7,386     38,966     135     31.66    67.85
    14   Indiana               3,253     12,457     223     -6.01   -10.61
    38   Iowa                    854      1,572     846     -8.92     0.38
    32   Kansas                1,285      2,551     478     35.55    82.74
    42   Kentucky                588      1,735   1,099     -3.29     9.67
    40   Louisiana               436      1,971     943     15.87     1.70
    39   Maine                    64        776     898    -14.25    32.20
    16   Maryland              1,137      9,289     250     -7.39   -18.47
    27   Massachusetts         2,499      8,193     332     -9.16   -49.94
     6   Michigan             10,530     33,184     136     -1.98    12.32
    25   Minnesota             3,415      7,173     321      7.83    69.53
    44   Mississippi             138        768   1,634     57.38    67.69*
    28   Missouri              3,256      7,291     363    -13.75t  -17.55t
    47   Montana                 130        153   2,847    -44.96   -63.66
    48   Nebraska                 33        222   3,517     29.07   -70.08
     1   Nevada               10,442     41,296      27     19.13   110.75
    19   New Hampshire           577      2,225     267      4.26    24.44
    24   New Jersey            1,668     11,709     299    -29.17   -10.65
    41   New Mexico              253        817   1,055      6.80   -30.88
    37   New York              1,059     11,017     721     31.69   -23.37
    36   North Carolina        3,221      5,988     689    -19.69   -41.77
    45   North Dakota             76        121   2,567     -4.72   142.00*
    11   Ohio                  8,781     31,595     160     -3.14     1.10
    34   Oklahoma                861      2,912     557      1.68   -10.10
    10   Oregon                1,916     10,547     153     29.41   151.00*
    30   Pennsylvania          3,016     11,797     464      5.36    99.92*
    18   Rhode Island            881      1,711     264    -23.79     8.22
    23   South Carolina        2,419      7,016     288     27.10   261.84*
    49   South Dakota              3         96   3,721    -20.66    50.00
    17   Tennessee             4,608     10,362     263      2.03   -16.36tt
    29   Texas                10,661     25,259     373     14.87   -25.03
     9   Utah                  1,765      6,143     151     12.47    86.77
    50   Vermont                  20         21  14,830    -59.62   600.00*
    13   Virginia              4,573     14,725     222    -10.73t   11.97t
    21   Washington            2,903      9,713     283      2.69    46.32
    46   West Virginia            50        335   2,635     95.91   134.27
    22   Wisconsin             2,393      8,910     287     57.70    57.09*
    43   Wyoming                  91        217   1,117    -11.07    32.32

    *Actual increase may not be as high due to data collection changes or
    Improvements

    t Collection of some records previously classified as NOD in this state
    was discontinued starting in January 2009

    tt Collection of some records previously classified as NOD in this state
    was discontinued starting in September 2008

    U.S. Foreclosure Rates Heat Map - Q1 2009

    (Photo: http://www.newscom.com/cgi-bin/prnh/20090416/LA99849)

                      U.S. Foreclosure Market Data by State - March 2009

                             Properties with Foreclosure Filings

    Rate State
    Rank Name                    NOD        LIS         NTS           NFS
    --   U.S.                 72,790     58,741     104,856        33,042
    29   Alabama                   0          0       1,655             0
    33   Alaska                    0          0         155             0
     3   Arizona                   3          0      14,012             0
    18   Arkansas                234          0       1,203             0
     2   California           58,858          0      34,575             0
    10   Colorado                  2          0       3,703             0
    13   Connecticut               0      2,187           0           158
    28   Delaware                  0          0           0           339
         District of Columbia     98          0         153             0
     4   Florida                   0     26,964           0        13,566
     5   Georgia                   0          0       8,136             0
    21   Hawaii                  149          0         509             0
     7   Idaho                 1,133          0         726             0
     8   Illinois                  0      7,362           0         4,740
    14   Indiana                   0      1,964           1         1,587
    40   Iowa                      0          0         181             0
    34   Kansas                    0        170           0           305
    42   Kentucky                  0         15           0           398
    37   Louisiana                 0          7           0           740
    41   Maine                     0         81           0           144
    20   Maryland                  0      2,210           0           732
    31   Mass.                     0      1,708           0           456
     9   Michigan                  0          0       8,286             0
    24   Minnesota                 2          0       1,929             0
    46   Mississippi               0          0         179             0
    30   Missouri                  3          0       1,630             0
    48   Montana                   0          0           6             0
    44   Nebraska                  0        161           0             6
     1   Nevada               10,351          0       5,055             0
    23   New Hampshire             0          0         617             0
    25   New Jersey                0      2,748           0         1,098
    39   New Mexico                0        134           0            93
    36   New York                  0      3,459           0           721
    38   North Carolina          213          0         653             0
    47   North Dakota              0          0           0            22
    11   Ohio                      0      4,828           0         4,447
    35   Oklahoma                324          0         580             0
    12   Oregon                   28          0       2,766             0
    32   Pennsylvania              0      1,777           0         1,891
    22   Rhode Island              0          0         300             0
    26   South Carolina            0      1,069           0           485
    49   South Dakota              0          0           0            24
    16   Tennessee                 0          0       2,496             0
    27   Texas                    16          0       7,151             0
     6   Utah                  1,372          0       1,013             0
    50   Vermont                   0          0           0             0
    15   Virginia                  4          0       3,971             0
    17   Washington                0          0       3,031             0
    45   West Virginia             0          0         135             0
    19   Wisconsin                 0      1,897           0         1,090
    43   Wyoming                   0          0          49             0

                                                    % change      % change
    Rate State                                        from          from
    Rank Name                  REO        Total       Feb 09        Mar 08
    --   U.S.                 71,751     341,180       17.46         46.37
    29   Alabama                 605       2,260      216.97*       248.23*
    33   Alaska                   69         224       10.34         16.67
     3   Arizona               4,861      18,876        4.18        105.20
    18   Arkansas                486       1,923       19.00         58.93
     2   California           14,352     107,785       33.44         66.56
    10   Colorado              1,875       5,580       32.26         -9.71
    13   Connecticut             540       2,885       29.95         35.70
    28   Delaware                 92         431       57.88        124.48
         District of Columbia     77         328      -13.46          6.84
     4   Florida               6,601      47,131        1.60         55.78
     5   Georgia               5,230      13,366       31.23         20.99
    21   Hawaii                   66         724       34.82        503.33
     7   Idaho                    62       1,921        8.90        192.39*
     8   Illinois              3,296      15,398        8.30         78.57
    14   Indiana               1,574       5,126       16.34          0.14
    40   Iowa                    305         486      -16.06         -5.08
    34   Kansas                  369         844      -27.92         18.87
    42   Kentucky                218         631        5.52         -8.68
    37   Louisiana               200         947       39.68         51.28
    41   Maine                    24         249       -4.60         27.04
    20   Maryland                392       3,334        4.97        -22.01
    31   Mass.                   508       2,672       -9.12        -52.05
     9   Michigan              4,131      12,417       -1.17         30.79
    24   Minnesota             1,146       3,077       19.54        132.58
    46   Mississippi              42         221      -24.83         17.55
    30   Missouri              1,082       2,715      -13.23        -19.39t
    48   Montana                  56          62       14.81        -59.74
    44   Nebraska                 16         183     1307.69        -33.21
     1   Nevada                4,443      19,849       25.76        159.16
    23   New Hampshire           207         824       11.50         99.03
    25   New Jersey              724       4,570       39.37          1.96
    39   New Mexico              119         346       -7.24          1.17
    36   New York                329       4,509       10.84        -11.38
    38   North Carolina        1,111       1,977       -3.04        -40.05
    47   North Dakota             31          53       43.24        562.50*
    11   Ohio                  3,336      12,611       12.29         11.87
    35   Oklahoma                215       1,119        8.64        -22.67
    12   Oregon                  594       3,388       -6.10        107.47*
    32   Pennsylvania          1,275       4,943       17.92         70.45*
    22   Rhode Island            333         633       54.77         59.05
    26   South Carolina          812       2,366       -4.33        153.86*
    49   South Dakota              1          25      -21.88         56.25
    16   Tennessee             1,925       4,421       19.78         13.16tt
    27   Texas                 3,449      10,616        0.85         -0.79
     6   Utah                    700       3,085       70.91        150.81
    50   Vermont                   4           4      -63.64        100.00*
    15   Virginia              1,780       5,755       19.32         16.66t
    17   Washington            1,205       4,236       37.71         89.62
    45   West Virginia            27         162       45.95        138.24
    19   Wisconsin               825       3,812       27.66         83.89*
    43   Wyoming                  31          80       -1.23         -2.44

    *Actual increase may not be as high due to data collection changes or
    Improvements

    t Collection of some records previously classified as NOD in this state
    was discontinued starting in January 2009

    tt Collection of some records previously classified as NOD in this state
    was discontinued starting in September 2008

    About RealtyTrac Inc.

    RealtyTrac (http://www.realtytrac.com) is the leading online marketplace of
foreclosure properties, with more than 1.5 million default, auction and
bank-owned listings from over 2,200 U.S. counties, along with detailed
property, loan and home sales data. Hosting more than 3 million unique
monthly visitors, RealtyTrac provides innovative technology solutions and
practical education resources to facilitate buying, selling and investing
in real estate. RealtyTrac's foreclosure data has also been used by the
Federal Reserve, FBI, U.S. Senate Joint Economic Committee and Banking
Committee, U.S. Treasury Department, and numerous state housing and banking
departments to help evaluate foreclosure trends and address policy issues
related to foreclosures.

 

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FAQ PI CASES

Saturday, August 1st, 2009

This section is for frequently asked questions related to Personal Injury Cases. Please feel free to browse some of the most common questions we encounter when assisting people who have suffered.

1.

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