Recording Debt Collector Phone Calls
Debt collectors may violate the FDCPA by either harassing or threatening creditors. Before contacting an attorney to help, steps to take to defend against violations and build a case against the abusive debt collector are: first, record the phone calls. The safest and most advantageous way to record the collector’s phone calls is by making note…
Read MoreThe Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a code of conduct for debt collectors. The FDCPA protects consumers in debt from harassment by debt collectors but debt collectors still violate people’s rights and still harass their targets. People need to know their rights against debt collection to feel their…
Read MoreNational Collegiate Student Loan Trust
Private student loans, nonfederal loans made by a lender such as a bank, credit union, state agency, or a school, go through the National Collegiate Student Loan Trust (NCSLT) to become investment vehicles. The way the process works is: first a student takes out a private loan from a well-known bank such as Chase or American Express,…
Read MoreMichelle Featured In A CNBC Article About Newark
Michelle Labayen has been featured in an article on CNBC discussing Newark. From the article: “Bankruptcy claims have decreased,” said Michelle Labayen, a bankruptcy lawyer operating in Newark, “because a lot of the businesses are not even doing a filing and they are just closing the doors…they are not necessarily aware of their rights.” Labayen…
Read MoreA Note From Michelle
Met with Senator Booker’s Staff Chief Deputy George Helmy to discuss fairness of Struggling Student act and Student loan discharge in bankruptcy. Seems like Booker’s office may not support because looking for “front end” solutions but express concern for the issue of student loan debt. Met with Congressman Bill Pascrell chief deputy of staff with same bills. Seems interested…
Read MoreBig News: When Is A Tuition Debt A Student Loan Or A Contract?
The difference is very important to many of us who have private loans. Most recently, Judge Elisabeth Stong of the Eastern District of New York questioned if the Debtor had a “debt” to repay a college tuition Harris EDNY BK 13-47320 ( which is dischargeable in bankruptcy court) or an educational loan ( which is…
Read MoreDebtor Awarded $25,000 From Mortgagor Creditor Due To The Bank’s Filing Of A Bad Claim
When filing a bankruptcy in Chapter 13, make sure both you and your attorney review the proof of claims by creditors. A proof of claim is used in bankruptcy court to confirm the amount that is owed to a creditor by the debtor. In November 2013,, Greenpoint Credit filed a proof of claim for an…
Read MoreYou Should See This: Elizabeth Warren YouTube Channel!
Visit Elizabeth Warren on YouTube for some really great, informational videos. Click Here
Read MoreWhat You Should Know About Taxes As A Senior Citizen
As a Senior Citizen you have enough to worry about. You are inundated by offers and tips on saving money from the concerned family member to the scam artists online. You have one more worry that you may want to put on your “watch list”. As a Senior you may own your home without a…
Read MoreSenator Warren Pushing For Bankruptcy Discharge
Congress is paying attention to student loan debt though—and bankruptcy is increasingly part of the debate. There was a a hearing this morning in the Senate Banking Committee on student loans, where Senator Elizabeth Warren pushed very strongly in favor of allowing bankruptcy discharge. You can watch the full hearing at this link (Sen. Warren’s…
Read MoreWhat You Should Know About Predatory Payday Loans
Most people who have encountered economic hardships look for solutions to get a little bit of money to hold them over until pay day. For some, a solution is to get a “payday loan”. A pay day loan is a relatively small amount of money lent at a high rate of interest on the agreement…
Read MoreAG Settlement One Year Later
The attorney generals sued the five largest national banks and reached a 25 billion dollar settlement in regards to mortgage fraud. For all of the outrage and obvious wrong doing, where are we today? 10 billion was to “quickly” be delivered to hundreds of thousands of people. 732,000 settlement checks have not been delivered 600…
Read MoreEminent Domain And The Aftermath of Hurricane Sandy
Eminent Domain is back in the media and being used by Governor Christie. In a nutshell, eminent domain is a rarely used legal premise which allows the government to take private land for the public good. A typical scenario is if a city takes a deserted, dilapidated area and transforms the area into a park.…
Read MoreStudent Loan Debt Crisis And The Role Of The Bankruptcy Court
Trillions of dollars in student debt is held by Sallie Mae. Student loan debt is preventing the 20-30’s year olds from entering the so called “middle class”. Today, politicians are discussing a remedy by allowing student loans to be discharged through the bankruptcy court without the strict adherence to In Re Brenner (undue hardship). The…
Read MoreWhat Happens After You Surrender Your House In Bankruptcy
You have finally come to the decision that you are willing to surrender your house. This decision did not come easily. You probably spent years dreaming about your house, years paying for your house, possibly years going through a failed loan modification process and finally decided to file bankruptcy. If you decided to surrender your…
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