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Our friend and partner, Brad Botes, has been named a Best Lawyer in America. Read about it here . We all know Brad as a man of prodigious talent and his repertoire is extensive; however, tooting his own horn apparently exceeds that talent and repertoire. Therefore, let me offer my humble assistance.
Recently, my colleague, Mr. Grant McNutt, posted an excellent article discussing bankruptcy exemptions in Alabama. As he noted in his article, a bankruptcy exemption is the value of certain property owned by a debtor in bankruptcy which property cannot be touched by creditors or a bankruptcy trustee.
Often, I consult with prospective and existing clients who are involved in a lawsuit. Normally, their first question is exactly how a bankruptcy case affects a lawsuit. The answer to that question depends on several factors. First, it must be determined if the debtor (the person filing for or contemplating filing for bankruptcy) is the plaintiff, i.e.
Last week, the Jackson Free Press in Jackson, Mississippi reported that Mississippi payday lender, All American Check Cashing, Inc., is in trouble again. This time, it’s with the Consumer Financial Protection Bureau (CFPB). The CFPB alleges that All American has engaged in a range of improper practices including hiding check cashing fee schedules, misleading people into taking ...
The Bangor (Maine) Daily News recently reported that F. Lee Bailey has filed for bankruptcy in Maine. According to the news story, Mr. Bailey sought bankruptcy relief to resolve an outstanding federal tax debt from a dispute that ended his legal career. Reportedly, Mr. Bailey is a resident of the State of Maine, having moved there in 2010 and that is why he filed his case in that state. Mr.
In late June, the Federal Trade Commission (FTC) filed a complaint in federal court in North Carolina against a debt collection company in that state. Allegedly, the debt collection company took money from consumers for fake (so called “phantom”) debts. In other words, for debts that the consumers did not actually owe. According to the FTC, here’s how this scam worked.
CNN Money recently reported on the continuing challenges facing retail stores. According to the article, more than 300 retailers have filed for bankruptcy this year. This represents a 31% increase over last year. And while many of these bankruptcy filings are small local retailers, there are some big names on the list.
The Great Recession of a few years back might be fading in the memories of some; however, in nine states across the United States, the job markets have not fully recovered according to a recent AP report. According to the report, the job numbers and overall size of the economy are still below 2008 levels in the nine states.
On April 25th, U. S. Bank National Association (“Bank”) was fined the sum of $15 million by the Office of Comptroller of the Currency (OCC) for violations of the federal bankruptcy laws. This fine must be paid into the United States Treasury. The Bank agreed to pay the fine but did not admit to any wrongdoing.
According to a recent story in the New York Post, half of the working families in the United States are living pay check to pay check. Living this way may work for a while or even a long time; however, the problem it presents is the inability to effectively cope with an unexpected crisis. 50% of People Unprepared for a Financial Crisis According to the news article, fifty perce ...
Normally, I blog about current events or about how we can help consumers can get real relief from financial pressures under the law. In today’s post, I digress to recognize one of our own. Recently, we celebrated the twenty year anniversary of our friend and trusted employee, Leann Wilkinson. Where has the time gone? Her official title is Office Manager.
The Miami Herald recently reported on an interesting story from the State of Nebraska. The story illustrates that even government entities such as counties and cities can find themselves in deep financial trouble. Indeed, Jefferson County, Alabama and Detroit, Michigan are recent examples of this phenomenon.
If you are old enough to have been watching TV in the early 70s, you probably remember watching The Partridge Family. For those of you who don’t know what I’m talking about, there’s always YouTube. The show featured actor and singer David Cassidy as teenage musician and lead family band member Keith Partridge. The series was quite popular during its four year run.
The cost of health care is a major concern for nearly all Americans and there is no shortage of health care related news coverage recently. Understandably, there are lots of questions and forecasts about what might be about to happen. Will the Affordable Care Act a/k/a “Obamacare” be repealed? Will anything replace it? If so, what will replace it? How much will it cost taxpayer ...
On Wednesday, USA Today reported that three reverse mortgage firms entered into consent agreements with the Consumer Financial Protection Bureau for using deceptive advertising. According to the USA Today report, the deceptive advertising consisted of claims by the firms that a consumer could not lose their home in connection with the advertised reverse mortgages.
Last week, Reuters reported that John Williams of Williams Scott & Associates LLC was convicted in federal court of conspiring to commit wire fraud. Mr. Williams was sentenced to five years in prison. He was also ordered to pay almost $4 million in restitution. Who is John Williams? I didn’t know either. But the point of this blog is to highlight what Mr. Williams reportedly did.
American Apparel is reportedly about to seek relief in the bankruptcy court . . . again. Just one year ago, the company filed its first bankruptcy case. In late 2014, the company ousted its founder and then CEO, Mr. Dov Charney. Litigation ensued and the company’s sales continued to decline until, in October 2015, the company filed its first bankruptcy.
Yes, I am referring to that Sears – the giant retailer. According to an article this week in TheStreet, Sears reportedly has “significant default risk” within the next one to two years. This would likely lead to a bankruptcy filing under either Chapter 7 liquidation or Chapter 11 reorganization. A Chapter 7 filing would mean that Sears would liquidate its assets in order to pay ...
I recently read an informative and well written article in The Washington Post by a staff reporter for National Public Radio (NPR). In the article, the reporter, Mr. Bobby Allyn, related a personal experience wherein he encountered difficulties renting an apartment due to information contained in his credit report by credit reporting giant TransUnion. Mistaken Identity In the article, Mr.
How Does Chapter 13 Bankruptcy Work? Posted on Aug 26, 2016 By Ed Woods August 26, 2016 by Ed Woods One very powerful remedy that financially strapped consumers have is a discharge pursuant to Chapter 13 of the federal Bankruptcy Code. Chapter 13 bankruptcy is so named because it is Chapter 13 of Title 11 of the United States Code.