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.

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP

Even experienced attorneys make mistakes when it comes to the interplay of bankruptcy and divorce 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 […]

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.

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. 

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 […]

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.

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.

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 […]

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 […]

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?

How To Avoid Scams by Car Dealers & Salesmen, Part 2

HOW TO AVOID BEING RIPPED OFF BY A CAR DEALERSHIP OR CAR SALESMAN, part 2. 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? In order to […]