Seila Law, LLC Investigated for Unlawful Practices

On February 27, 2017, the Consumer Financial Protection Bureau “CFPB” issued a civil investigation demand “CID” to Seila Law, LLC seeking information about its business. to determine whether debt relief providers, lead generators, or other unnamed persons are engaging in unlawful acts or practices

Cash Tyme Agrees to Pay $100,000 – Failure to Follow the Law

The Consumer Financial Protection Bureau (Bureau) 2/5/2019 announced a settlement with Cash Tyme, a payday retail lender with outlets in Alabama, Florida, Indiana, Kentucky, Louisiana, Mississippi, and Tennessee. Cash Tyme is the operating name for CMM, LLC, and its wholly owned subsidiaries in those states.

Debt Collectors Cannot Yell, Curse or Threaten You

There are Rules Governing Debt Collectors Debtor collectors are not allowed to call you before 8 am or after 9 pm (your time zone, not the caller’s).  They cannot yell, swear, use crude language or threaten you in any way or do anything else that could be seen as harassment.  Nor can they threaten to […]

Ipso Facto clauses – is bankruptcy a breach of contract

Arizona Legislature and “Strikers”

Debt Makes You Stupid

Ever wonder why you make really stupid decisions, especially when you are overwhelmed, worried or distracted? Perhaps you are focused on one task, like dealing with a difficult child or employee, and you completely miss a really important appointment or buy something you did not want.

What is Debt Settlement?

Reprint from Consumer Affairs Desperate consumers enter into these agreements without fully understanding how they work. Generally, debt relief or debt settlement companies offer a service to debt-burdened consumers to intervene with creditors–in most cases credit card companies–and secure a lower payoff amount. Often, desperate consumers enter into these agreements without fully understanding how they […]

Freedom Debt Relief Sued for Violating Federal Law

By Mark Huffman, Reprint from Consumer Affairs (11/9/17)  The Consumer Financial Protection Bureau (CFPB) alleges the company charges consumers without settling their debts, requires them to negotiate their own settlements, provides misleading information about fees and services and does not inform consumers of their right to money they deposit.

Fake Invoices and Unordered Items

Lose Your Tax refunds in Arizona

By Russ Wiles, Arizona Republic, 2/25/19 (reprint) For many Americans, income tax refunds are the largest single chunk of money they receive all year. Imagine losing most or all of it to a debt collector or in a bankruptcy proceeding.

Arizona Trustee Sales, Foreclosures and Short Sales

WARNING TO THE WISE: Never do a short sale, deed in lieu of foreclosure, allow a trustee’s sale, or a foreclosure to go forward without first obtaining both legal and tax advice. You cannot undo serious mistakes once the process is completed.

25 Bankruptcy Questions

Mortgages for First Time Military Home Buyers

The Consumer Financial Protection Bureau (CFPB) released a report focusing on mortgages made to first-time homebuyers who are serving in the armed forces or are veterans. The Bureau’s report is the first time researchers have been able to provide a description and analysis of servicemembers’ mortgage choices and mortgage performance, both during and after the […]

Is Your Attorney Lazy or Willing To Fight For You?

The insurance company’s first offer is based on the hope you will take the quick money and run. Lawyers who don’t care about their clients’ best interests can make a lot more money settling cheap and moving on to the next case, and the next, and so forth.  

CHAPTER 20 or 26 (MULTIPLE BANKRUPTCY CASES)

Why Did the Creditor Take My Tax Refund – Arizona Law

(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 sound fair – especially when the creditor is taking your child care […]

“The Dog Ate My Computer” Argument by Chapter 13 Debtor

In re Hindra v. Dockery, US Trustee & Deutsche Bank, BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29, 2019) In 2016  Etta Hindra filed a chapter 13 bankruptcy and everything went downhill from there.  She did not file the proper documents, meet deadlines or pay the amounts necessary in order to cure the arrears owed to her […]

Navient & FedLoan Mismanagement of Student Loans

Navient, FedLoan and other student loan servicers “outrageous mismanagement” 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 Taxes if I File Bankruptcy?

What is forgiveness of debt income? When you owe money and do not pay the full amount of the debt the lender is required to file a 1099 form with the IRS showing that you had phantom income in the amount the creditor forgave.  This is referred to as ‘forgiveness of debt’.

Do I Have to Pay a Judgment Before Selling My 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 debtor has – exempt versus non-exempt.