Commercial Law & Contracts › Consumer Protection › Bankruptcy

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

Federal Gift Card Bill Would Significantly Affect Promotional and Loyalty Gift Card Programs

On December 10, 2012, Sen. Bob Casey (D-PA) announced his joint sponsorship of Senate Bill 3636, known as the "Gift Card Consumer Protection Act of 2012," which was originally introduced and referred to the Senate Committee...more

Avoid Defaulting on Government Student Loans

The amount of student loan debt in the United States is close to $1 trillion. Student debt has passed up credit-card debt to become the second-largest category of consumer debt in the country. Only mortgage debt is...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

How to Unload Your Timeshare Without Getting Scammed

Florida has historically been one of the top states for timeshare ownership. But the state's attorney general says her office is swamped with complaints about timeshare resale fraud. Since 2009, the AG's office has fielded...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

Plaintiff v. U.S. Bank, N.A.; Wells Fargo Bank, N.A.; First American Loanstar Trustee Services LLC; and First American Title Insurance Company

California Complaint for Wrongful Foreclosure, Promissory Estoppel, Quiet Title, Slander of Title, Violation of the Security First...

My latest masterpiece! :) This action arises out of the wrongful foreclosure of a residential property in Los Angeles County, California. As alleged, the securitized trust did not have standing to foreclose on the property...more

Oh My, Oh MERS! NY Bankruptcy Judge Rules That Mortgage Electronic Registration Systems (MERS) Lacks Right To Assign Mortgages

First the robo-signing controversy. Then the U.S. Bank v. Ibanez ruling. Now the next bombshell ruling in the foreclosure mess has just come down fr0m a New York federal bankruptcy judge. The case is In Re Agard (click...more

The Availability of Florida's Tenancy by the Entireties Exemption to Nonresidents for Property Located in Florida

This article discusses the ability of a nonresident of the State of Florida to claim a tenancy by the entireties (TBE) exemption for property located in Florida and owned jointly by the nonresident and the nonresident's...more

New Regulations on Debt Collectors: Arizona Bankruptcy Attorney

Today in the Wall Street Journal there is an article on new regulations that are being imposed on debt collectors in New Mexico. The new law requires that debt collectors notify the consumer if the statute of limitations has...more

Workin' for a Livin': Commission Based Pay and Bankruptcy

For those out there that earn a living on commission, bankruptcy poses special problems and risks. In this article I discuss some of the issues that arise when Realtors, car salesmen, and insurance agents file for...more

Debt Settlement or Bankruptcy

10 Tips for Debt Settlement...more