Bankruptcy Consumer Protection

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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

Lender Risk Management for Bankruptcy Stay Violations

A recent decision by the U.S. Court of Appeals for the Ninth Circuit in a bankruptcy case highlights a risk to consumer lenders and suggests a practical approach to risk management through clear policies and employee...more

Don’t Let Debt Collectors Bully You Into a Bad Deal

The other day I had a trial against a junk debt buyer that ended in a directed verdict in favor of my client. This means that the court found that the junk debt buyer had put forth so little evidence that it was unnecessary...more

Advertising Law - August 2014 #3

FTC: Telemarketing Sales Rule Ripe For Review - It’s time to review the Telemarketing Sales Rule, the Federal Trade Commission has announced. Enacted in 1995, the Telemarketing Sales Rule (the Rule) has been...more

Have You Been Sued by Unifund CCR in Arizona?

Unifund CCR is one of the larger debt buying companies out there and they file a lot of lawsuits against consumers in Arizona. Debt buyers like Unifund claim that they have purchased old charged off debts and then file debt...more

CFPB, State AGs Announce Joint Enforcement Action Against Military Consumer Lender

On July 29, the CFPB and 13 state AGs announced a consent order that requires a consumer lender currently in Chapter 7 bankruptcy to provide $92 million in debt relief for about 17,000 U.S. servicemembers and other consumers...more

Eleventh Circuit Holds That Filing a Time-Barred Proof of Claim in a Bankruptcy Proceeding Violates the FDCPA

The Fair Debt Collection Practices Act (FDCPA) provides that debt collectors “may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Nor may a debt collector...more

Take the Fear out of Your Debt Collection Lawsuit

Getting served with a lawsuit can ruin anyone’s day. First, the way the law requires that you get notice of the lawsuit is very intrusive. A process server must come to your home, unannounced, and give you the summons and...more

Should I Appeal My Debt Collection Judgment?

Even though I think most debt collection lawsuits brought by junk debt buyers are just that – junk, there are many factors that can lead to judgment being entered against you and in favor of the debt buyer. After the initial...more

Representing Yourself in Your Debt Collection Lawsuit? 3 Reasons You Should Reconsider

Many people who find themselves being sued by a debt collector forgo hiring a lawyer and represent themselves in court. I understand for many people this is a necessity. As a lawyer I can’t work for free (my wife and kids...more

The Devil is in the Details of Your Debt Collection Case

I recently had a trial against a junk debt buyer that had an interesting twist that I thought could be helpful to those facing debt collection lawsuits from debt buyers like Midland Funding, Unifund, Portfolio Recovery, or...more

3 Ways to Help Your Lawyer Win Your Debt Collection Lawsuit

Most of the people I meet with who are facing a debt collection lawsuit have (1) never been sued before, and (2) never even hired a lawyer previously. And I think it is fair to say that is a good thing....more

The Consumer Financial Protection Bureau (CFPB): The New Federal Landscape For Lenders and Servicers

Following the recession and financial crisis of the late 2000s, the “Bureau of Consumer Financial Protection”—commonly known as the Consumer Financial Protection Bureau (CFPB)—was created. Aimed at promoting “fairness and...more

Is Your Debt Destroying Your Marriage?

The #1 thing married couples fight about is money. In fact, in a recent study conducted by Money Magazine, 70% of married couples argue about finances – more than household chores, togetherness, sex, snoring, and what’s for...more

Should You Fight Your Midland Funding Lawsuit or File for Bankruptcy?

Being sued by a debt collector like Midland Funding can be the tipping point that leads many families to file for bankruptcy. But is it the best option in your situation? Bankruptcy will stop the debt collection lawsuit...more

Demand Decency in Debt Collection

Financial difficulties can be all encompassing. The stress associated with not being able to pay your bills touches on everything from being able to pay for your kid’s schools lunch to wondering if your car is going to get...more

Debt Collection – “Can They Really Treat Me This Way?”

Day in and day out for nearly 11 years I have met with families who are going through financial difficulties. Something that may be surprising, and a little disconcerting, is that there isn’t a certain “type” of person or...more

Who is Cavalry SPV and Why are they Suing Me?

Cavalry SPV is a debt buyer who sues people here in Arizona. If you are in the stressful position of having been sued by Cavalry SPV your first thought was like “who in the world are these people?”. In fact, many people...more

3 Signs You Picked the Wrong Lawyer to Fight Midland Funding

When it comes to hiring a lawyer to fight your Midland Funding lawsuit it is normal that most people will interview more than one attorney before deciding who to go with. When I meet with clients they will often share with...more

Protection From Creditors for Retirement Plan Assets

• The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 clarified the rights of debtors and creditors to retirement assets in federal bankruptcy proceedings, but state attachment and garnishment of such assets...more

Orrick's Financial Industry Week in Review - December 10, 2013

Council of EU Publishes UK Issues Paper on MLD4 - On November 24, the Council of the European Union published a note (dated November 8, 2013) from the Council Presidency to Council Delegations which includes a UK...more

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