Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
This decision is important because of the reasoning, the logic and most importantly the application of New York law. Virtually all the REMIC trusts were common law trusts formed under New York law for a lot of reasons. So...more
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
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
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
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
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
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
A New Jersey Consumer’s annuity is partially protected from garnishment, but there are important details that he or she must know....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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