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.
Discharge vs Automatic Stay and Credit Reporting
/in Bankruptcy Attorneys, Collection companies & Debt buyers, Consumer Issues, Consumers, Credit Report /by Diane DrainThe 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
/in Consumer Issues, Foreclosure, Trustee Sales /by BarnesMost 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
/in Bankruptcy, Consumer Issues /by Diane DrainThe 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 […]
Arizona Supreme Court Gets It Right – Collection on Credit Card Debt
/in Consumer Issues, Consumers, Creditors /by Diane DrainArizona Supreme Court Decides Statute of Limitations ON CREDIT CARD DEBT / ON INSTALLMENT DEBTS runs from the date of the first uncured missed payment. 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 […]
Navient’s Latest Student Loan Scam
/in Collection companies & Debt buyers, Consumer Issues, Student Loans /by Diane DrainCalifornia Attorney General files a lawsuit against Navient and subsidiaries, Pioneer and General Revenue Corp., alleging violation of California’s unfair competition and false advertising laws 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.
National Credit Adjusters, LLC (NCA) & Hochstein Guilty of Consumer Fraud
/in Attorneys, Collection companies & Debt buyers, Consumer Financial Protection Bureau, Consumer Issues, Consumers, Debt Relief Agencies /by Diane DrainNational Credit Adjusters, LLC and Bradley Hochstein admit to illegal consumer debt collection practices. 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 […]
THE PERILS OF BANKRUPTCY FILING BY AN UNDOCUMENTED PERSON
/in Attorneys, Bankruptcy, Bankruptcy Attorneys, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues /by Diane DrainBy 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 […]
How To Avoid Scams by Car Dealers & Salesmen, Part 3
/in Consumer Issues, Consumers /by Diane DrainHOW TO AVOID BEING RIPPED OFF BY A CAR DEALERSHIP OR CAR SALESMAN, 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?
