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Connecticut Bankruptcy

Attorney Melchionne testifies before General Assembly on Foreclosures

Wednesday, Feb 27 2008
Yesterday, Attorney Melchionne testified before the joint House and Senate Housing Committee on two proposals to revise current foreclosure procedures in the court and to help protect homeowners from foreclosure. The current foreclosure crisis has deepened in Connecticut in response to the failed sub-prime mortgage market and the resulting tightening of home lending policies. Attorney Melchionne's testimony was well-received by the committee members who had many questions about the foreclosure process. In closing his comments on the two bills, Attorney Melchionne stated, "This is not about the sub-prime mortgage market or declining values in real estate. These acts are aimed at protecting Connecticut families from forces that threaten to further rip them apart. Any action this committee takes will be a step towards preserving our neighborhoods, our towns and most importantly our family units." You can find his full statement to the General Assembly here.

Attorney Melchionne named Super Lawyer for Northeast States in 2008

Monday, Jan 21 2008
Law & Politics, a national attorney-led research team, in conjunction with Connecticut Magazine, has named Eugene S. Melchionne of Waterbury as one of the 2008 Connecticut “Super Lawyers.” This is the second time that Melchionne has received this prestigious award.

Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers. Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Find the Press Release here.

Attorney Melchionne cited in Article on Intellectual Property in Bankruptcy

Friday, Dec 21 2007
Attorney Melchionne was cited in an article appearing in the Illinois State Bar Association Journal in the December 2007 issue. In an article entitled "Securing and collecting Intellectual Property Collateral", Attorney Daniel Kegan cited to Attorney Melchionne's knowledge in bankruptcy issues. You can find a reprint of the article here.

Attorney Melchionne joins Committee to propose Foreclosure Revisions

Wednesday, Nov 21 2007
Attorney Melchionne has joined a group of consumer lawyers concerned with the current state of Connecticut law on foreclosures. As a result of several meetings and discussions, the group has drafted two proposals. They are House Bill No. 5552, Act Concerning Procedures in the Foreclosure of Residential Premises and Senate Bill No. 347, Act concerning Homeowners Protection. The first would result in substantial change in the foreclosure process requiring a lender to give notices to a borrower in plain language that a foreclosure is beginning which could result in the loss of a home. Other requirements would include loan workouts and court sponsored mediation as well as mandatory document production to provide proof of the lenders ownership of the loan before getting judgment. The second proposal would allow a Superior Court to fashion a repayment plan to allow homeowners a chance to reinstate their mortgage through a modification. The bills will come up for a hearing in the legisature in February.

Attorney Melchionne attends NACBA sessions on Bankruptcy Litigation

Saturday, Oct 27 2007
The National Association of Consumer Bankruptcy Attorneys (NACBA) held its first Fall Workshop concentrating on mortgage foreclosures and bankruptcy litigation. Attorney Melchionne attended this two day seminar along with approximately 700 additional NACBA members. There were additional sessions on Fair Debt Collection Practices and Technology in the Law Office. Featured speakers included Max Gardner of the Bankruptcy Boot Camp.

Attorney Melchionne appointed to Connecticut Commission on Foreclosures

Sunday, Oct 21 2007
By special appointment the Connecticut Supreme Court Chief Justice, Chase Rogers, Attorney Melchionne has been added to the Court's Committee on foreclosures. The Committee is charged with addressing the coming flood of foreclosure cases in Connecticut. In some of the major cities, foreclosures have increased as much as 500% in the last few months and many more are expected over the next year. It will be necessary to adjust current Superior Court procedures and rules to both accommodate the increase as well as find ways to mediate foreclosure disputes allowing homeowners to keep their homes.

Attorney Melchionne is speaker at Quinnipiac University

Thursday, Sep 20 2007
Attorney Melchionne recently spoke to a class of Freshmen and Sophomores at Quinnipiac University about credit scores, credit reporting, credit card abuses and the dangers of collection agencies. Using excepts from the movie, Maxed Out, he explained that pizza, sneakers and iPods bought on credit can lead to financial problems in the future. Hearing about responsible spending, the students learned about credit scoring, collections, lawsuits and judgement resulting in the garnishment of income or foreclosure of homes. The U.S. Bankruptcy Court for the District of Connecticut sponsors the C.A.R.E. Program teaching high school and college students about the dangers of uncontrolled spending and credit cards. C.A.R.E. stands for Credit Abuse Resistance Education.

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Attorney Melchionne elected Vice President of Bankruptcy Law Network

Saturday, Jul 21 2007
The Bankruptcy Law Network, a cooperative of reknown bankruptcy attorneys from around the country have elected Attorney Melchionne as Vice President of their organization. As Vice President, he will be responsible for coordination of committees of members and assisting in implementation of various internet technologies. The Bankruptcy Law Network's website contains a wealth of bankruptcy knowledge written in simple terms for the consumer. The site is updated daily with bits of bankruptcy knowledge, tips and traps of filing for bankruptcy, the latest court cases and observations on consumer credit and the perils of debt collection.

Attorney Melchionne interviewed on Sub-Prime Mortgages

Thursday, Jul 12 2007
The Connecticut Law Tribune called on Attorney Melchionne recently when it was looking for opinions on the collapse of the sub-prime mortgage market. Writer Douglas Malan was interested to hear that many consumers are finding that their mortgage payments have ballooned to more than 50 percent of their take-home pay after the interest rate resets in the 2-year fixed, 28-year variable rate mortgage loans. Foreclosures in Connecticut have nearly doubled in recent months, with new cases filed in June increasing 87% over the same period last year. To read a full version of the article, click here.

Attorney Melchionne attends Fordham Law School Bankruptcy Roundtable

Friday, Jun 01 2007
The Corporate Law Center of Fordham University School of Law in New York City recently conducted a roundtable discussion on the topic of the required pre-bankruptcy credit counseling. An invitation only event, Attorney Melchionne was the sole bankruptcy practitioner participating in the discussion which was also attended by representatives of the U.S. Department of Justice, the Federal Trade Commission, the Internal Revenue Service, the National Consumer Law Center, the Center for Responsible Lending, three credit counseling trade groups, several U.S. Bankruptcy Judges and numerous Ph.D's and Law School Professors. Moderated by Professor Susan Block-Lieb, the topics ranged from the effectiveness of pre-bankruptcy credit counseling, to issues of government regulation of credit counselors' behavior and whether the credit counseling industry was capable of self-regulation. Comments offered by Attorney Melchionne and others will form the basis of further research and law journal articles on the subject of consumer credit counseling.

Attorney Melchionne is speaker at NACBA Convention

Saturday, Apr 21 2007
At the National Association of Consumer Bankruptcy Attorneys (NACBA) in Philadelphia, Attorney Melchionne joined Professor Peter Rubin and NACBA President Henry Sommer in a talk covering the Constituional challenge to portions of the Bankruptcy law changes enacted in 2005. Professor Rubin is a Consitutional law expert and teacher at Georgetwon Law School in Washington, D.C. Henery Sommer is not only the president of NACBA, but also Editor in Chief of Collier on Bankruptcy and the entire Collier line of bankruptcy publications. Attorney Melchionne told the 2,000 attendees his experiences with the new law and how it has affected his practice. Those problems included advertising requirements, required disclosures, prohibited discussions and the requirement to have clients execute a retainer agreement for bankruptcy within 5 days of the initial consultation.

Attorney Melchionne quoted in Waterbury Rupublican

Sunday, Apr 08 2007
The Sunday Republican for April 9, 2007 published an article about the large increase in foreclosures in New Haven and Litchfield counties. In the last quarter, foreclosure cases filed in these two counties have increased 60 percent. Writer Steven Gambini called on Attorney Melchionne to comment on the casues. You can read the article on line here. Or you can download a PDF of the article here.

Attorney Melchionne participates in C.A.R.E. Program

Monday, Mar 26 2007
The U.S. Bankruptcy Court for the District of Connecticut sponsors the C.A.R.E. Program teaching high school and college students about the dangers of uncontrolled spending and credit cards. C.A.R.E. stands for Credit Abuse Resistance Education. Most recently, Attorney Melchionne participated in the program by teaching a class of Freshmen and Sophomores at Quinnipiac University about credit scores, credit reporting, credit card abuses and the dangers of collection agencies. Explaining that pizza, sneakers and iPods bought on credit can lead to budgetary problems in the future and garnishment of income or inability to pay student loans, the students learned about responsible spending.

Attorney Melchionne speaks on gambling problems

Wednesday, Mar 21 2007
By invitation, Attoreny Melchionne recently spoke to counselors of the State of Connecticut Gambling Treatment Program in Middletown on bankruptcy issues and remedies. He also helped to dispel the common misconceptions of bankruptcy relief and explain some of the changes made by Congress in the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005. If you have a gambling problem, this state sponsored treatment program is highly recommended.

Attorney Melchionne appears on CNN

Saturday, Mar 10 2007
The CNN program, "Open House", spotlighted the Bankruptcy Boot Camp recently attended by Attorney Melchionne. The video explains how the Boot Camp trains lawyers in advanced methods of Bankruptcy Law. Consumers who have been overpowered by their credit card companies or mortgage banks now have trained soldiers to fight for their rights in bankruptcy court.

Attorney Melchionne completes Bankruptcy Boot Camp

Tuesday, Mar 06 2007
On March 6, 2007, Attorney Melchionne successfully completed an intensive 4 day course (or Boot Camp) concentrating in Mortgage Fraud actions, Bankruptcy Discharge litigation, Credit Reporting violations and other issues in assistance to consumers emerging from a bankruptcy case. Run by the well-known O. Max Gardner in North Carolina, Mr. Melchionne attended the Boot Camp with ten other consumer bankruptcy attorneys from around the country. Mr. Gardner's Bankruptcy Boot Camp has been featured in Business Week and will be the subject of a CNN segment on the show Open Home on Saturday March 10th along with the director of the movie "Maxxed Out".

Attorney Melchionne named 'Super Lawyer'

Sunday, Feb 25 2007
By a vote of other lawyers in the state of Connecticut, Attorney Melchionne was one of 25 recognized as a 'Super Lawyer' in Bankruptcy and Debtor's Rights. The March issue of Connecticut Magazine contained a special section highlighing these professionals. Of the twenty-five lawyers named in Bankruptcy, Attorney Melchionne was one of the few who concentrate in representing consumer debtors.

Attorney Melchionne featured in the Debt Podcast

Saturday, Feb 17 2007
Responding to a post made by Attorney Melchionne on the Bankruptcy Law Network, well-known podcaster on personal finance, Attorney Jay Fleischman, comments in his Debt Podcast released on February 17, 2007.

Attorney Melchionne goes to Washington

Monday, Feb 12 2007
Together with other members of the National Association of Consumer Bankruptcy Attorneys, Mr. Melchionne went to Washington, D.C. to meet with Congressional leaders to discuss fixes to the disastrous Bankruptcy law changes enacted in 2005. Staff of the Connecticut delegation learned about the increases in foreclosures in the state and the consequences of burdensome document production and the useless pre-brankruptcy credit counseling which help only 3% of potential filers. Unlike previous years, reception to discussion of these problems was warm and the staff of newly elected Chris Murphy listen intently.

Attorney Melchionne appears on nationally broadcast television news show

Friday, Feb 09 2007
On February 9, 2007, the PBS show NOW with David Brancaccio featured an updated on the effects of changes to the Bankruptcy Code enacted in 2005. Attorney Melchionne was interviewed in a followup to a story originally broadcast on March 25, 2005. Focusing on his clients, the McCormack's, the story follows the effects of the new law on their finances and the ability to get a frest start. Additional interviews with Professor Elizabeth Warren of Harvard Law School and some proponents of the changes are included. To watch the video, click on the Video tab above.

Attorney Melchionne re-appointed State Chair for the National Association of Consumer Bankrtupcy Attorneys

Thursday, Jan 25 2007

Waterbury Resident Eugene Melchionne named Connecticut Chair by the 
NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS

WASHINGTON, D.C. The National Association of Consumer Bankruptcy Attorneys (NACBA) announced today that Eugene S. Melchionne of Waterbury will serve as its State Chair for Connecticut. NACBA is the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. NACBA serves more than 2500 members in all 50 states and Puerto Rico. As the Connecticut Chair for NACBA, Mr. Melchionne will serve as a liaison between NACBA and Connecticut attorneys, bankruptcy judges and other court officials, as well as serving as a primary contact for local media regarding consumer bankruptcy issues.
NACBA President Henry Sommer said: “We are very excited about expanding our mission of helping to protect the rights of families in financial distress to a grassroots level with our State Chairs. The state chairs will play an important role in helping us learn early on about trends that are impacting consumer bankruptcy and will help to get the word out that, despite the new law, bankruptcy relief is still available to those who need it.”
In accepting the appointment, Mr. Melchionne said, “In this time of rising interest rates and increasing foreclosures, I commit to educating consumers of their rights and remedies and assisting other bankruptcy attorneys in doing the same. NACBA is on the cutting edge of the challenges facing consumers and I look forward to working with the organization.
Mr. Melchionne received his undergraduate degree from the University of Connecticut and his J.D. from Drake University School of Law. A Waterbury native, Mr. Melchionne has practiced law since 1980 and maintained a law office concentrating on consumer issues and bankruptcy since 1990.

ABOUT NACBA

Established in 1992, NACBA is the only organization dedicated to serving the interests of consumer bankruptcy attorneys and protecting the rights of consumer debtors in need of bankruptcy relief. The Association’s twin missions are to help consumer bankruptcy attorneys more effectively represent their clients and ensure that the voices of consumer debtors and their attorneys are heard in the halls of Congress, before the Judiciary, in the Executive Branch and in other arenas where consumer debtors are affected.

CONTACT: Barbara Andelman, (408) 350-1173 or barbara.andelman@nacba.org 
Eugene S. Melchionne, (203) 757-3437 or gene@melchionne.com

Attorney Melchionne featured as Contributor to Bankrupcy Practice Pro

Friday, Jan 12 2007

A well-know fan of the Macintosh computing platform, Attorney Melchionne recently contributed a piece to the Bankruptcy Practice Pro website concering running Pc programs and Windows on Macintosh computers. You can find that entry at www.bkpracticepro.com.

Attorney Melchionne quoted in Connecticut Law Tribune article

Monday, Sep 18 2006

In an article entitled "Bankruptcy Filings in Lean Cycle", writer Douglas S. Malan quotes Attorney Melchionne with regard to the volume of bankruptcy filings in Connecticut in the aftermath of the new Bankruptcy law (BAPCPA). The number of cases filed in Connecticut in the first part of 2006 slowed 60%. Mr. Melchionne expressed his belief that the law did not change the real problems in American households, but only served to allow the creditors more time to harass consumers before being forced to filed bankruptcy much as before.

Attorney Melchionne named as Plaintiff in lawsuit to overturn New Bankruptcy Law

Tuesday, Jun 13 2006
Attorney Melchionne is named as one of several attorneys in Connecticut seeking to overturn onerous portions of the new Bankruptcy Law which became effective in October 2005. The new law prohibits a bankruptcy attorney from fully counseling clients about their finances which might help them avoid bankruptcy or, if bankruptcy is unavoidable, then to adequately plan for a bankruptcy case without losing assets. Additionally, the new law requires certain disclosures and statements about the law which are false and misleading. Attorney Melchionne is joined in the lawsuit by the Connecticut Bar Association and the National Association of Consumer Bankruptcy Attorneys and is being represented by Peter Rubin, a Professor of Constitutional Law at Georgetown University in Washington, DC. A decision in the case is expected to be appealed to the United States Supreme Court by the government which seeks to enforce the provisions against financially consumers. You can read newspaper coverage of the case here or download the article here.

Attorney Melchionne named Member of the Month

Thursday, Jun 01 2006
The National Association of Consumer Bankruptcy Attorneys recognized Attorney Eugene Melchionne for his contributions to the organization and the fight for the protection on consumer rights in bankruptcy naming him Member of the Month. You can find his profile and comments at NACBA.

Attorney Melchionne participates in Federal Court lawsuit cllenging Bankruptcy Law

Thursday, May 11 2006
Attorney Eugene S. Melchionne was named as a Plaintiff in a lawsuit filed in U.S. District Court in Hartford on Thursday asking that parts of the new Bankruptcy law be ruled unconstitutional. The group of the Connecticut Bar Association, the National Association of Consumer Bankruptcy Attorneys, and several Connecticut and out of state attorneys are claiming that the new Bankruptcy law treats attorneys the same as unlicensed document preparers or credit counseling firms by requiring specific language to potential clients. That illegally hampers the attorney-client relationship, the lawsuit argues, and might even prevent lawyers from recommending that clients hire them in the first place. Attorneys say legal advice isn't one-size-fits-all. "Someone could be down and out but have access to a student loan to go to school for retraining," said attorney Barry S. Feigenbaum, who filed the suit. "We couldn't advise that client to take that student loan."

Car repairs, medical bills and court-ordered child support are listed in the lawsuit as examples of added debt that might keep clients working and out of jail. In some cases, lawyers say borrowing against a 401(k) retirement plan or accessing a home equity line of credit might make sense. "I cannot advise them to take these steps," Waterbury attorney Eugene S. melchionne wrote. "They need my help, my legal advice, but I am no longer able to advise them what to do."

The law is written so broadly, Feigenbaum argues, that it also restricts the advice given by divorce attorneys and others who don't handle bankruptcy cases. He said the law also violates the rights of bankruptcy petitioners to have lawyers help them with their cases. "The statute injects the government directly into the heart of the attorney-client relationship in a way that would be both grave and unprecedented," the lawsuit states.

The Justice Department was looking into the lawsuit Friday morning.

The Connecticut Bar Association and the National Association of Consumer Bankruptcy Attorneys asked a judge to temporarily rule that attorneys are not covered by the provisions until the case is settled. Other provisions challenged in the lawsuit include requirements that agencies provide standardized legal advice forms and contracts for their clients and advertise themselves as "debt relief agencies." Attorneys say those restrictions should not apply to them.

Attorney Melchionne quoted in Waterbury newspaper

Friday, Oct 14 2005

With consumers rushing to file bankruptcy before the changes in the law become effective October 17th, Marc Silvestrini of the Waterbury Republican-American interviewed Attorney Melchionne. A record number of cases have been filed in Connecticut in the last two weeks with as many cases being filed by Melchionne in that time frame as he did in all of last year. "We came into the office to file cases at 3:00 am thinking that we would be the only ones out there doing that. Wouldn't you know it, there was someone else out there filing cases at that time too."

Attorney Melchionne interviewed for PBS NOW

Friday, Mar 25 2005
Attorney Melchionne appeared on the Public Broadcast System show NOW for an interview on the effects of medical bills on personal finances. Featuring his clients, the McCormacks, the show follows the effects of a broken health care system on working families. This is the story of a typical American family forced into loss of the family business, home foreclosure and personal bankruptcy by an unexpected illness that even medical insurance could not fix.

Attorney Melchionne appointed Connecticut State Chair for NACBA

Tuesday, Jan 25 2005
The National Association of Consumer Bankruptcy Attorneys appointed Eugene S. Melchionne as state chair for Connecticut on January , 2005. In this role, he is not only responsible for increasing membership in the organization, but also dealing with the Bankruptcy Judges in the Courts of Connecticut and educating consumers about their rights in Bankruptcy Court.