InsideARM, a accounts receivable management blog reported today that during the past week, a consumer was awardeda $1.26 Million verdict in a Fair Debt Collection Practices Act (FDCPA) lawsuit in New Mexico. The consumer, a “Lucinda Yazzie”, had brought the lawsuit after the debt collector had attempted twice to garnish wages for a debt that the consumer [...]
Karen Oakes, Southern Oregon Bankruptcy Attorney
My colleague, Kurt O’Keefe, of Michigan, recently wrote regarding the difference between reaffirming a lease and reaffirming a secured loan on a vehicle. He stated throughout his article that a lease was a different type of animal – neither secured or unsecured and a lease can be assumed or rejected. His final point was that [...]
Recently in an article in the Army Times, writer and attorney Matthew Tully reported that bankruptcy (he did not mention any difference between filing a Chapter 7 versus a Chapter 13) would affect a servicemember’s security clearance. Later in his article, he advised in his article that a bankruptcy would have an impact but [...]
Often when I finish talking to a potential client about bankruptcy, the person will ask: ”How will my credit score be affected? Will I be able to purchase anything on credit again EVER?” I tell them it is up to them how their credit score is rebuilt after a bankruptcy. My clients [...]
An Oregon attorney, Derrick McGavic is being disciplined for FDCPA violations as announced by the Oregon Attorney General’s Office this week. Derrick McGavic, a Eugene, Oregon attorney whose law firm sued consumers for credit card companies and debt collectors, agreed to submit his resignation to the Oregon State Bar. In addition, McGavic & Finney, [...]
As explained by Professor Daniel Austin of the Northeastern University School of Law in Boston, Mass. in the December/January 2011 American Bankruptcy Institute Journal, the U. S. Constitution in Article 1, the Bankruptcy Clause, authorized Congress to establish uniform laws regarding bankruptcy throughout the United States. However, as Prof. Austin acknowledges, the reality is far from [...]
