Bankruptcy Consumer Protection

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Suit Challenging Constitutionality of CFPB Fails for Lack-of-Standing and Other Procedural Defects, D.C. Circuit Holds; Morgan...

Last week, in Morgan Drexen, Inc. v. Consumer Financial Protection Bureau, a divided panel of the D.C. Circuit Court of Appeals affirmed the dismissal of an action challenging the constitutionality of the CFPB. The court did...more

Sued by Midland Funding in Arizona? 3 Ways to Deal with the Lawsuit

When faced with a difficult situation it is comforting to know your options. If you have been sued by one of the junk debt buyers like Midland Funding, CACH, LLC, or Portfolio Recovery you are likely loosing a lot of sleep...more

Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware. According to the objection, the customer...more

Eleventh Circuit Throws Out FDCPA Complaint On Grounds of Judicial Estoppel

On March 31, U.S. Court of Appeals in the 11th Circuit concluded that the district court properly dismissed plaintiff’s FDCPA complaint, using the concept of judicial estoppel. Ward v. AMS Servicing, LLC, 2015 WL 1432982...more

Continued Disagreement: Use of Federal Debt Collection Laws to Expand Fraudulent Transfer Look-Back Periods

In Ebner v. Kaiser (In re Kaiser), the U.S. Bankruptcy Court for the Northern District of Illinois allowed a bankruptcy trustee to employ the 10-year look-back period, available to the Internal Revenue Service (IRS) under the...more

Cases We’re Watching: CFPB v. Morgan Drexen

We don’t know about you, but we’ve been following the contentious litigation between the Consumer Financial Protection Bureau (CFPB) and debt-relief services company Morgan Drexen pretty closely. The CFPB filed its lawsuit in...more

CW03: 3 Ways to Deal with Your Default Judgment

Did you know that over 95% of debt collection lawsuits end in a default judgment? Default judgments can wreck all kinds of havoc. Once a creditor is armed with a default judgment the creditor can do things like garnish...more

3 Ways to Use Your Tax Refund to Solve Your Debt Problem

It is the time of year when people are gearing up to get their taxes filed. Many will get a nice tax refund check and while what I am about to propose may be some of the least fun things you can do with a tax refund check,...more

UDAAP Council Weekly UDAAP Standards Report - 2/4/2015

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more

FDCPA – Your Consumer Bill of Rights

Debt collection phone calls…this is one of the top reasons people file for bankruptcy – so that they can avoid having to deal with debt collectors and all the garbage that goes with it. The thing is, you shouldn’t have to...more

3 Secret Strategies to Winning Your Case With Portfolio Recovery Associates (Or Any Other Junk Debt Buyer)

The law in Arizona as it applies to cases brought by junk debt buyers like Portfolio Recovery Associates is somewhat in flux. This has resulted in rulings from the various courts that can be all over the place. Often the...more

Quick Guide to the Typical Debt Collection Timeline (And Why You Should Care)

If you are dealing with past due debts you no-doubt understand the confusion of what company is trying to collect what debt on behalf of who? (If that makes sense?). Well before a debt ends up in the hands of a junk debt...more

Top 5 Consumer Articles in 2014!

Each year on New Year’s Eve I like to take a look back at the articles I published and which ones helped the most people. During 2014 over 85,000 people from 146 countries read the articles on my blog! It always amazes the...more

Quick Guide to Stopping Abusive Debt Collection Calls

The first sign that you have fallen behind on your bills is the non-stop debt collection calls. These calls are not only stressful but can cause problems with your family, your job, and even your health....more

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

Debt Free in 2015 – Now is the Time to Prepare

We are a month away from the new year, but now is the time to start putting together your game plan to get out of debt in 2015. Debt is often accumulated over several years (and sometimes decades) and it will take some...more

Stop Allowing Creditors to Have Power Over You

I almost have my car paid off and last night I called into the bank to get some information on the payoff. I went through the normal hoops of providing them with account information and the last four digits of my social...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

Top Ten Consumer Debt Myths (#8 Will Surprise You)

A while back I wrote a small e-book that went over the top ten myths I heard repeated over and over by clients coming into my office. As I continue to hear these concerns voiced by clients I thought it would be worth going...more

Beware this new type of credit card offer!

Can you spell "No Grace Period"? Pay the card in full on time, still get charged interest! What's that about?...more

3 Ways the System is Rigged Against Consumers

The other day I met with a family who was barely getting by – large family, large amount of debt, and underemployed for eighteen (18) months. For eighteen (18) months the husband had toiled at a job he was overqualified for,...more

Should I Fight My Midland Funding Lawsuit if I Owe the Money?

I believe many people don’t fight back against debt buyers like Midland Funding, LLC because they believe that they owe the money so why fight it? In this article I want to give you three reasons why you should fight back...more

Midland Funding is on my Credit Report? Will They Sue Me?

Long before debt buyers like Midland Funding file a lawsuit they start the whole debt collection process by showing up on your credit report. Soon after you will receive a letter or two entitled the “Pre-Legal Notification”...more

Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7

In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter...more

How Wage Garnishment Works in Arizona

While there is no good time to have your wages garnished it seems that many people get hit at the worst possible time. In Arizona once a creditor has sued you and has a judgment against you they can garnish up to 25% of each...more

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