Consumer Protection › Bankruptcy › Civil Procedure

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

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

What happens if I do not provide my bankruptcy attorney with the documents he requested?

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

Global Connection - May 2013: Ninth Circuit Strikes Down $45 Million Class Action Settlement and Issues Warning About Use of...

Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court....more

Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock  [Video]

May 2 (Bloomberg Law) -- Eastman Kodak Co. filed a Chapter 11 plan that cratered the stock and bumped up the unsecured notes, although the plan may be revised to pay off second-lien debt fully in cash, as Bloomberg Law's Lee...more

Ninth Circuit Disapproves $45 Million FCRA Class Settlement Based On Conditional Incentive Award

On April 22, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order approving a $45M class action settlement under FCRA on the grounds that the conditional nature of the incentive award rendered the...more

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

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

Bill on Bankruptcy: Stockton May Win the Battle, Lose the War [Video]

April 2 (Bloomberg Law) -- Although Stockton, California established the right to be in a Chapter 9 municipal bankruptcy, the judge warned the city that victory may be short-lived if bondholders prove that pensioners must...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

March 27 (Bloomberg Law) -- There was no settlement afoot when U.S. District Judge Jed Rakoff put off a hearing on an effort by the trustee for Bernard L. Madoff Investment Securities LLC to block a $410 million settlement...more

I am deciding between bankruptcy attorneys, one that costs less and will perform the bare minimum, and another that costs more and...

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

Want to hire a cheap lawyer, watch out! (Part 2)

If you are in decision making process of which attorney or law firm to hire, this post informs you of an important point that will help you make that decision. So before you engage that all important counsel, you should read...more

What happens if I conceal an asset in bankruptcy?

If you wonder what can happen to those that a bankruptcy court believes has concealed assets in a bankruptcy, or are contemplating a bankruptcy and want to know the possible dangers if you are found to be operating in bad...more

How will my student loans be treated in a chapter 13 bankruptcy?

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

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

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

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

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

Can I keep my vacation (or second) home if I file for chapter 7 bankruptcy?

If you have real estate and are contemplating filing for bankruptcy, especially if you have more than one property, you will want to give this a read. Will you keep your property? Check it out. Contact: George E....more

What should I do if I dispute the amount that I owe to a creditor?

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

A debt collector is attempting to collect a real old debt, what can I do?

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

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

Can I keep all my assets in bankruptcy? (Part 3)

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

Watch Your Step...Answering Collection Lawsuits

I meet with clients on a regular basis that have been sued by a debt buying company on an old credit card debt. If you have had the misfortune of being sued, you know that the process server provides you with a copy of the...more

Don't Be a Pushover: Responding to a Motion to Dismiss

In previous articles I have gone over the litigation strategy of debt buying companies like Midland Funding, LVNV, LLC, and Portfolio Recovery. Despite the fact that they have filed a lawsuit against you, they really don’t...more

Protecting Tenants at Foreclosure

The Protecting Tenants at Foreclosure Act (PTFA) went into effect in May 2009. The PTFA provides protections to tenants in foreclosed properties. The PTFA is found in the Helping Families Save Their Homes Act of 2009 (a...more

How long does the IRS have to collect taxes owed?

If you have an outstanding tax debt and are curious if it can still be collected or if you want to know more about how long the IRS has to collect a tax, then you may want to take a look at this post! Contact: George E....more

MF Global - U.S. Update as of November 7, 2011

SIPC Trustee Takes First Steps to Thaw Frozen Customer Securities Accounts On November 4, 2011, the SIPC Trustee took his first steps toward transferring frozen customer securities accounts held by MF Global Inc....more