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scam

Thieves Steal Identity and Money – IRS warning

Data thieves don’t take a break during the holidays. In fact, the IRS warns taxpayers that the agency is seeing a large increase in bogus email schemes that seek to steal money or tax data.

Document Preparers or Paralegals Ripping Off Consumers

November 2018: The Arizona Supreme Court established a committee to review the current process authorizing documents preparers to do certain work normally done by attorneys.  Administrative Order 2018-111 The following is part of a discussion by fellow attorneys who describe some very expensive mistakes created by document preparers or paralegals (the Arizona Supreme Court does […]

credit score

Discharge vs Automatic Stay and Credit Reporting

The Automatic Stay v. the Bankruptcy Discharge The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code deal with debt differently and this difference can become confusing for everyone, including experienced bankruptcy attorneys.  For instance, the legal status of a debt changes as a bankruptcy moves to conclusion. 

Tenants Facing Foreclosure Protected by New Federal Law

On May 24, 2018 a permanent extension of the “Protecting Tenants at Foreclosure Act” (PTFA) was signed into federal law.  The PTFA enables renters whose homes were in foreclosure to remain in their homes for at least 90 days or for the term of their lease, whichever is greater.

tax credit

Dramatic Increase in Elderly Filing Bankruptcy

The number of elderly filing for bankruptcy is three times what it was in 1991. As a study, from the Consumer Bankruptcy Project, explains, elderly people whose finances are precarious have few places to turn. “When the costs of aging are off-loaded onto a population that simply does not have access to adequate resources, something has […]

debt collection

Arizona Supreme Court Gets It Right – Collection on Credit Card Debt

Mertola LLC v Alberto J Santos/Arlene Santos CV-17-0109-PR (AZ Supreme Court, 7-27-18)  Statute of limitation for debt collection in Arizona – cause of action to collect the entire debt accrued as of the date of Santos’s first uncured missed payment.

fraud

Navient’s Latest Student Loan Scam

Misrepresenting the order in which the company would apply extra loan payments and failing to properly discharge federal student debt for borrowers with a total and permanent disability.

fraud

National Credit Adjusters, LLC (NCA) & Hochstein Guilty of Consumer Fraud

Company and Its Former CEO Engaged In Illegal Debt Collection Practices (Reprint from CFPB announcement 7/13/18) The Bureau of Consumer Financial Protection (Bureau) announced a settlement with National Credit Adjusters, LLC (NCA), a privately-held company headquartered in Hutchinson, Kansas, and its former CEO and part-owner, Bradley Hochstein. Frequent unlawful debt collection acts and practices that […]

immigration

The Perils of Bankruptcy Filing by an Undocumented Person

By Richard J. Parker: Shareholder in Parker, Butte, & Lane, P.C. (reprinted with permission of the author, December, 2017) Immigration status is a complex legal issue for anyone not born in the USA. While some people born overseas are still U.S. citizens at birth, there are some hoops to jump through that do not exist […]

bankruptcy

How To Avoid Scams by Car Dealers & Salesmen, Part 3

Ever wondered what you should do if you are scammed by a car dealership or a car salesman?  What are the used car dealer tricks?  How do you avoid a car dealer lying to you about financing?