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DIANE’S AWARDS & RECOGNITIONS

Chief Judge Daniel Collins, Arizona Bankruptcy Court, presented Diane with a Lifetime Achievement Pro Bono Award Chief Judge Daniel Collins, of the Arizona Bankruptcy Court, presented Diane with a Lifetime Achievement Pro Bono Award, sponsored by the Arizona Bankruptcy Section, “(f)or a career of overwhelming and extraordinary pro bono services in establishing the Bankruptcy Court […]

How Does Bankruptcy Work and What Is It Intended to Accomplish?

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 […]

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

Arizona 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 […]

Sanctions in Bankruptcy

Navient’s Latest Student Loan Scam

California 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

National 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

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

HOW 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?

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 […]

How To Avoid Scams by Car Dealers & Salesmen, Part 1

HOW TO AVOID BEING RIPPED OFF BY A CAR DEALERSHIP OR CAR SALESMAN, part 1. 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 […]

Arizona Judgment Renewal Law Changed to 10 Years

Arizona Money Judgment Validity and Renewal Deadline Extended from Five Years to Ten Guest Post: Larry Folks, Folks Hess Kass, PLC  (See update below) On March 20, 2018, Arizona Governor Doug Ducey signed into law House Bill 2240, which extends, from five years to 10 years, the validity of and renewal deadline for a money judgment. […]

Prison Sentence For Filing Several Bankruptcies (to Stop a Foreclosure)

Multiple Bankruptcies Can Result in a Conviction for Bankruptcy Fraud Many people do not understand the consequences of filing multiple bankruptcies.  It is very important to know that every bankruptcy filed (even if the process is not completed) will stay on the credit for ten years. Filing bankruptcy will stay on your public record forever. Also, […]

Mulvaney, Trump’s Lackey, Guts Consumer Protection Bureau

Mulvaney says Trump wants him to stop the CFPB from ‘strangling’ capitalism He now crushes the voice of the only organization that tries to protect you and me as consumers. November, 2017 Trump appointed Mick Mulvaney as “acting” director of the Consumer Financial Protection Bureau, at the same time he was also the director of […]

Disabled Vet’s Federal Student Loans To be Forgiven

May, 2018 – Over the next few months the Department of Education will be sending letters to totally and permanently disabled veterans that they are eligible to have their student loans forgiven.  These loans will be  federal student loans or aid from the Teacher Education Assistance for College and Higher Education grant program.