Bankruptcy › Civil Remedies › Consumer Protection

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

What happens if I do not provide my bankruptcy attorney with the documents he requested?

If you are considering bankruptcy or are wondering what is required of a debtor who files for bankruptcy, then you will want to read this post! Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359...more

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more

Maryland's highest court blocks another foreclosure defense

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

MICHAEL L. JONES v WELLS FARGO BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA OPINION AFFIRMING $3.1 MILLION PUNITIVE DAMAGE AWARD AGAINST WELLS...

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHEAL L. JONES vs WELLS FARGO BANK OPINION Before the Court is Appellant Wells Fargo Bank, N.A.'s Appeal from a decision of the United States...more

In re: Chapter 7 Case No. 11-24269 JUANITA STRASSFIELD, Debtor.

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY BASED ON FILING FALSE DOCUMENTS WITH THE COURT

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A. (“Wells Fargo”) to...more

Annuities Are Partially Protected Against Creditor Garnishment in New Jersey

A New Jersey Consumer’s annuity is partially protected from garnishment, but there are important details that he or she must know....more

I am deciding between bankruptcy attorneys, one that costs less and will perform the bare minimum, and another that costs more and...

If you are contemplating filing a bankruptcy or hiring an attorney for any matter, you will want to read this post! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Homeowners Alert: Foreclosure Prevention In GA

Good news for some struggling Georgia homeowners who have been "hit the hardest" by the economy. A program to "prevent foreclosures" has been launched by the State of Georgia, Department of Community Affairs under the name...more

CFPB Proposes New Servicing Rules - TILA

On September 26, 2012, we notified you about the proposed rules promulgated by the Bureau of Consumer Financial Protection (Bureau) to amend Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA)...more

How will my student loans be treated in a chapter 13 bankruptcy?

If you are considering options on how to deal with the heavy debt burden of student loans or desiring to learn more about how chapter 13 bankruptcy may help you or both, then you want to read this post! Contact: George...more

Public Service Loan Forgiveness

The Public Service Loan Forgiveness (PSLF) Program discharges any remaining debt after 10 years of full-time employment in public service. The borrower must have made 120 payments as part of the Direct Loan program in order...more

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post. Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

If you are considering filing for bankruptcy and are curious what it costs or have received some quotes from bankruptcy attorneys and are making a decision on who to hire, this post is for you! Contact: George E....more

What should I do if I dispute the amount that I owe to a creditor?

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more

IN RE: CASE NO. MICHAEL L. JONES 03-16518 CHAPTER 13

MICHAEL L. JONES vs WELLS FARGO BANK ADVERSARY COMPLAINT RE: Punitive Damage Award of $3,171,154.00 Against Wells Fargo Bank

United States Bankruptcy Court Eastern District of Louisiana in re: Michael L. Jones v Wells Fargo Home mortgage. The Court finds that a punitive damage award of $3,171,154.00 million is warranted to deter Wells Fargo...more

A debt collector is attempting to collect a real old debt, what can I do?

If debt collectors are attempting to collect a debt that is real old, or if you think a debt collector has sued you for a debt that may be time-barred by the statute of limitations, you want to read this post! Contact: ...more

No Recourse to Travel Compensation Fund for Loyalty Points Program Provider

The Ontario Divisional Court recently overturned a decision of the Ontario Licensing and Appeals Tribunal that had required the Travel Industry Council of Ontario (“TICO”) to compensate a loyalty program provider for the cost...more

Can I keep all my assets in bankruptcy? (Part 3)

Do you want to know more about how or if you will keep all your assets in bankruptcy? Do you want to know ways to try and keep your assets, or maybe increase your chances? Then you may want to read this post that discusses...more

Arizona Lags Behind in Protections Against Debt Buyers

In January the State Senate in California passed legislation aimed at debt buyers like Midland Funding, LVNV Funding, and Portfolio Recovery who sue people over debts without adequate documentation to prove that they own the...more

OCC: Correcting Foreclosure Practices

ARTICLE DISCUSSES: Independent Foreclosure Review - Mailings to Consumers - Deadline for Review Requests - Independent Foreclosure Auditor - Eligibility for Review - Notifying the Public - Engagement Letters - Interim...more

"F" is for Fresh Start through Bankruptcy

In the bankruptcy world (yes, there is such a place!) the term “fresh start“ is mentioned so often that it can become cliche. However, when you can get past the initial feelings you may have about bankruptcy, the end result...more

Midland Funding, Portfolio Recovery, LVNV Funding. The Debt Buyers and Why You Should Fight

Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and...more

E is for Equity

Equity. It is usually your friend. If you are in bankruptcy, it can be an issue. Simply put, equity is what you actually “own” in your property. For instance, if you have a car that is worth $10,000 and you still owe $6,000...more