Consumers have protections from their creditors, but consumers also have liability to their creditors. Knowing your rights and obligations is the best way to make informed decisions.

Why Did the Creditor Take My Tax Refund – Arizona Law

Why Was It Legal For a Creditor To Take My Tax Refunds? (WARNING: The following is Arizona specific) Most people do not understand that if a creditor sues and obtains a judgment they can take your tax refunds and money in a bank account, to name just a few items.   I know this does not […]

Navient & FedLoan Mismanagement of Student Loans

Audit of Student Loan Servicers Indicates Years of Errors February 12, 2019 – An audit report released by the Education Department Office of Inspector General described the outrageous mismanagement of federal student loan servicers, like Navient and FedLoan,

Do I Have to Pay a Judgment Before Selling My Home?

At least once or twice a week someone asks if they have to pay a judgment when trying to sell their home. The answer is probably ‘no’, but depends on certain facts.  It depends on the law of the state where the judgment debtor lives.  It also depends on the type of assets the judgment […]

Scams Targeting Your Social Security Number

Scams Targeting Your Social Security Number The following is a warning from the Federal Trade Commission: Good afternoon, Today, the Bureau’s Office for Older Americans is forwarding an email about scams targeting your Social Security number. The email was sent by Jennifer Leach, Acting Associate Director, Division of Consumer and Business Education, Federal Trade Commission.

Wells Fargo Rips Off Students

CFPB Report Shows Wells Fargo Charged Students Three Times More than Other Banks Washington, DC – re-posted from Senator Warren’s office (1/17/19) – A report by the Consumer Financial Protection Bureau (CFPB) prepared in February of 2018, but only recently released through a Freedom of Information Act request (Trump trying to slow down consumer access to information), […]

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP

Whenever a divorce and bankruptcy come into play it is very complicated to determine which should be filed or completed before starting the other legal process.  Even attorneys make mistakes.  In the In re Kiley case the debtor’s failure to understand the law will lead to the loss of over $100,000 that may have been […]

Thieves Steal Identity and Money – IRS warning

IRS Tax Tip 2018-186 Don’t take the bait: Here’s how taxpayers can avoid getting caught by a phishing scam 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.

Discharge vs Automatic Stay and Credit Reporting

The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code 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 […]

Tenants Facing Foreclosure Protected by New Federal Law

Most Tenants Facing Foreclosure Now Have Some Protection, at Least for 90 Days 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 […]

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 […]