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Leases: Avoid Unnecessary Headaches With Precise Drafting

Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law. The issue turned on...more

Bankruptcy Sales of Personally Identifiable Information: Does it Satisfy the Privacy Policy?

Companies that are looking to sell, transfer or buy personally identifiable information (“PII”) via bankruptcy asset sales would be wise to confirm that such a transfer is consistent with the debtor’s privacy policy. If it...more

Mortgage Debt Lesson: Don't Pursue Collection Of A Discharged Mortgage

Creditors should double check the bankruptcy status of a debtor/borrower before pursuing collection. As a pending case illustrates, pursuing collection of an initially reaffirmed, but later discharged mortgage could be a...more

CFPB Refines Mortgage Rules to Resolve Conflicts and Inconsistencies

On October 15, 2013, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule and bulletin refining and making technical changes to certain provisions of its January 2013 mortgage rules. The interim rule...more

Infobytes Special Alert: CFPB Issues Mortgage Servicing Rule Amendments And Guidance Addressing Conflicts With Bankruptcy And Debt...

On October 15, 2013, the Consumer Financial Protection Bureau (“CFPB”) issued an interim final rule amending certain provisions of its mortgage servicing rules and making technical changes to other January 2013 mortgage rules...more

Third Circuit Holds FDPCA Can Apply in Bankruptcy Proceedings

The United States Circuit Court for the Third Circuit upheld a lower court’s decision that the Bankruptcy Code precluded a borrowers’ claims under the Fair Debt Collection Practices Act. After filing for bankruptcy,...more

Virginia Financial Institutions - June 2013

In this issue: - CFPB Amends Ability-to-Repay Rule to Ease Standards for Small Creditors - Assistant Managers Fail to Break the Piggy Bank...For Now - Federal Agencies Make Changes to Regulation...more

CFPB uses enforcement powers in attempt to shut down debt relief company in Florida

This past Thursday, the CFPB announced that it filed a complaint against a Florida debt-relief company that misled consumers across the country. Following an investigation into American Debt Settlement Solutions, Inc. (ADSS)...more

Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit...

After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report...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

David L. Gibbs Interviewed by LexisNexis About Online Q&A Sites

Recently, Senior Partner David L. Gibbs of The Gibbs Law Firm, APC was asked by LexisNexis | Martindale-Hubbell to discuss Legal Question & Answer Forums. The interview addresses the benefits of such forums for both consumers...more

Weglarz v. JP Morgan Chase Bank, N.A., and National Collegiate Trust

Complaint--Class Action

National Collegiate Student Loan Trust is being sued on a class action basis for its improper, fraudulent use of the LIBOR index on its promissory note private student loans. This is just another defense of contract when...more

Second Circuit to Student Loan Collectors: Know Your Bankruptcy Law!

A recent decision by the Second Circuit underscores the importance to debt collectors of accurately describing the options available to a student loan borrower in bankruptcy, even a borrower who previously filed but did not...more

Do I Really Need a Lawyer?

When dealing with a debt collection lawsuit most people would love to be represented by a lawyer. The problem is that many times the amount you are being sued for is relatively small and/or the attorney you want to hire is...more

Consumer Financial Protection Bureau Shaking Up Private Student Loan Industry

The Consumer Financial Protection Bureau has issued a report highlighting significant consumer protection issues in the private student lending industry and making recommendations to ensure transparency. ...more

Can a Second Mortgage be Wiped Out in Bankruptcy?

Changes may be on the horizon allowing debtors to "cram down" or "strip" second mortgages in Chapter 7 Bankruptcy....more

Student Loan Percentages Tell A Different Story

It is no secret that the student loan crisis is a runaway freight train and it is ready to crash. Approximately 37 million Americans are straddled with student loan debt. A closer look at the statistics gives us a more...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

Is the bank required to hold both the mortgage and the note to properly foreclose in Massachusetts?

If you are defending against foreclosure in Massachusetts and wonder what you can do, or if you want to inquire on the "note & mortgage defense" to foreclosure,or you desire to save your home and want learn more about how to...more

I'm skipping car payments after bankruptcy. Can they sue me?

I received a discharge of debts in a Chapter 7 bankruptcy and now I can't keep making payments on the car. If they repossess the car, can they also sue me? The answer to that question is a strong "it depends". If you...more

Are You Being Sued by Midland Funding, LLC? Why You Should Fight Lawsuits by Debt Buying Companies.

If you are being sued by Midland Funding, LLC here in Arizona you are not alone. Recently I have seen an increase in the number of clients coming in with lawsuits by Midland Funding and other debt buyers. What is a debt...more

Flopping or a Valid Increase in Market Value?

Real Estate Investors are frequently criticized by Agents and Brokers because investors seemingly make huge profits in one day by purchasing a house for a low price and selling it for much more money. Investors flip houses on...more

Bankruptcy and Your Residential Lease

Today in the Arizona Republic there is an interesting article by Catherine Reagor on the rental market in the Phoenix area. As more and more homes fall into foreclosure, or their owners simply decide that it doesn’t make...more

Bankruptcy, Credit Unions & Cross Collateralization Agreements

When times are good your credit union can be your best friend. When times are bad, your credit union may be your most aggressive enemy. Credit unions are different than banks in many ways, and when it comes to bankruptcy...more

Payroll Taxes and the Internal Revenue Service (IRS)

Business owners who are behind on paying their payroll taxes may find themselves in a big mess. The IRS requires employers to withhold money from their employees’ paychecks that those employees owe or will owe the government...more

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