The Architects Of Your Enslavement (part Ii Of Iii)

The Housing Collapse Of 2005 Part II of III The Bush Administration simply followed the lead provided by its Predecessors.  With the elimination of Glass Steagall, the easy money kept flowing.  Ian Greenspan kept the Interest Rates low.  The Bush Administration mostly ran interference against any form of oversight, or actively encourage irresponsible Lending. In a pure economy where Interest Rates are determined by the risk presented by Lenders of real money, to Borrowers, any form of government “oversight” or regulation would be probably mostly Read More +

The Architects Of Your Enslavement (part I Of Iii)

Bill Clinton, Bush, Bankers and Servicers, Et Al Part I of III Bill Clinton, during his tenure as President of the United States, signed numerous pieces of Legislation that ultimately lead to the Housing Bubble and its eventual rupture, and the loss of millions of homes by some homeowners, and the reduction of the values of many millions of other homes, in the United States.  Mr Clinton signed the Gramm-Leach-Bliley Act which essentially repealed the Glass-Steagall Act.  The Glass-Steagall Act was considered an important part Read More +

Bankruptcy Discharge Revoked?

Justin Colen of Palm Harbor, Florida asks, If I receive a Bankruptcy Discharge, may the Discharge later be Revoked? Thank you, Justin of Palm Harbor. I hope things work out with that lawsuit from the Hamburglar, arising from the altercation in the McDonald’s parking lot. Any Interested Party may bring an Action to seek the Revocation of the Bankruptcy. In order for the Discharge in a Bankruptcy to be Revoked, the following must exist: INTERESTED PARTY. Only an Interested Party can bring an Action to Read More +

Ramifications Of The Supreme Court’s Lawless Decision In Bank Of America V Caulkett

MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are the ramifications of the Supreme Court Decision in Bank of America v Caulkett? Why is its construction of the Bankruptcy Code important? Please note that the Supreme Court Decision in Read More +

Message From A Bankruptcy Attorney In Clearwater, Florida

THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market Value of the Home was less than the Balance of the First Mortgage. The Second Mortgage, in terms of Bankruptcy, is Wholly Unsecured. Section 506(d) of the Bankruptcy Code provides, Read More +

The Us Bankruptcy Code And Student Loans

The US Bankruptcy Code And Student Loans: Constructing The Plain Meaning Of The Bankruptcy Code In Attacking Student Loans  Part II In Series by Jay Weller   Editors Note: In Part One in our Series on Student Loans, the writer offered an Equation in determining whether Student Loans can be Discharged in Bankruptcy. The Equation should properly state:   UNDUE HARDSHIP + (NOT A OR B OR C) = STUDENT LOAN DISCHARGE   For the Second Portion of our analysis of Student Loans, the analyzer Read More +

The History Of Debtors Prisons And Why It Is Important To You (3 Of 3)

Debtors Prisons In Early American History Debtor’s Prisons existed in the United States dating from the beginning of Colonization to 1850. Numerous important early political figures were incarcerated throughout the history of debtors prisons, most likely giving the Founders a perspective on the ills of the debtor prison system. William Morris, one of the signors of the Declaration of Independence, was imprisoned from 1798-1801 in a debtors’ prison in Washington, DC. One of his more regular visitors was George Washington. James Wilson, another signor of Read More +

The History Of Debtors’ Prisons And Why It Is Important To You (part 1 Of 3)

Debtors’ prisons have existed for many centuries on this planet, and in fact many forms of bonded servitude and slavery still exists today. Bonded servitude is practiced in India, and other nations, and slavery in its most brutal forms, are practiced in various parts of Africa. Debtors’ prisons are facilities where persons are imprisoned who are unwilling or unable to pay their debts. Bankruptcy Laws were eventually formulated and enacted in order to betray the harsh penalties imposed upon the populace, usually upon the most Read More +

Seizure Of Tax Refund To Collect Federal Student Loans, Part Ii

Notice Requirements Under Tax Refund Offset Program; Say What? By Jay Weller Under 31 USC Section 3720A(b), the Department of Education, through its Secretary, can refer a Debt for Offset only after having complied with certain procedures. The holder of the loan must mail written notice to the Borrower’s last known address, as determined by the Department of Education or the Guarantor. The Courts that have heard Notice Issue Cases, have ruled that Actual Notice is not required. The Collector must only use Reasonable Means Read More +

Seizure Of Tax Refunds To Collect Student Loans

The Federal Tax Refund Offset Program Unleashed! The Federal Tax Refund Offset Program involves a complete seizure of all tax refunds that are due to debtors who are in default on their student loans. The Program also permits the seizure of monies due debtors through Special Payments such as economic stimulus monies. The Federal Statute allows these offsets, even for debts that are being administered by or collected by, a third party, or private party, acting on behalf of the Federal Government. This same Federal Read More +