I’ve encountered several instances of payors with 50-200k of child support accruing interest at a penalty rate who it is undisputed that they paid the money. After attending the National Association of Bankruptcy Lawyers I believe it may be possible to find a solution in the bankruptcy code.

Firstly, if caught early enough I think you could attack these payments as a preferential transfer recover them and then pay them.

Secondly, I think it would be proper to classify these debts as a penalty and not child support debts. This would be a more difficult. There is some support in case law though I haven’t investigated extensively and it hasn’t been specifically litigated. Judge Speer of the Northern District of Ohio has stated that state classifications are “not necessarily determinative” in In Re. Gruber, (10-3028, 2010).

While I try to avoid having my clients be test cases as it’s not a great trip for them I think there are probably some people out there who really really need to see a bankruptcy lawyer who’d be willing to litigate this complicated issue.

I found the practice of divorce and family law litigation to involve almost without exception a mutually unrewarding outcome for both parties, except when the parties had come to a mediated agreement. I also was frustrated by the high financial costs being imposed on my clients by the litigation process.

In order to refocus my law practice into a more socially beneficial business, I underwent training as a family law mediator and decided to focus on the non-litigation practice of law. I also have associated with a national law firm with an exclusive focus on the largely administrative practice Social Security Disability Law.

One area that I’m keeping is the practice of helping small businesses from forming incorporation and partnerships, drafting contracts, and help with regulatory compliance. Advising and helping small businesses grow has been one of the most rewarding aspects of my practice of law.

I also greatly enjoy the more cerebral and written area of appellate practice. One of the most rewarding cases in my practice was In Re Angela E. et. Al., (Tenn. 2010), where I was appellate counsel and ultimately achieved a reversal of both the trial court and the Tennessee Court of Appeals.

Creative Ways to Avoid Foreclosure Eviction

Most homeowners were unaware that their mortgage payments and job employment status were going to wildly swing in different directions.

Most banks were unaware that the majority of homeowners were going to be experiencing this problem at the same time.

As a result, a monsoon of defaults rained down on the financial system.

Many families faced foreclosure eviction.

It is important to distinguish between foreclosure and eviction.

The two things do not necessarily go hand-in-hand.

In this fact lies a temporary solution that might help you if you are facing this problem.

Foreclosure will transfer the ownership of the property to the bank.

This asset might change hands a few times.

However, since there are not exactly a ton of buyers on the market, the new owner may be willing to allow you to rent the property while you get your finances in order.

Moving can be expensive.

Foreclosure eviction carries all of the same devastating misery of a traditional eviction, along with the realization that you will not be the owner of this property.

Another way to avoid this circumstance is to stop the foreclosure before it happens.

Foreclosure eviction necessarily requires that the bank foreclose on your home.

Foreclosures are harmful to a bank’s reputation in complex economic times.

This means that the bank would prefer to refinance, possibly even in a way which is favorable to you.

Ultimately, many banks are going to collapse under the weight of all of these foreclosures.

This means they are going to work just as hard as you to avoid foreclosure eviction.

If you fear you might be facing a foreclosure eviction, it is important to weigh all of your options.

There are a few different strategies that can keep you in your home.

A bit light, and I think it illustrates some good viewpoints, but banks at least in Memphis really seem overly bureacratic to respond to specific circumstances.