Monthly Archives: June 2012

U.S. Supreme Court Rules Health Care Law is Constitutional

The U.S. Supreme Court ruled on June 28, 2012, that President Obama’s health care law is constitutional. The main issue before the Court was whether or not the government could force individuals to purchase health insurance. Chief Justice John Roberts … Continue reading

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Tenth Circuit Narrowly Construes FDCPA to Permit Debt Collectors to Verify Unemployment and to Shift Court Costs to Unsuccessful Consumers

In a split decision in Marx v. Revenue Corp., a panel of the Tenth Circuit narrowly constructed the broad definition of “communication” in the Fair Debt Collection Practices Act to not include a debt collector’s fax to a debtor’s employer … Continue reading

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Chapter 13- Confirmation of plan- Good faith- Fee-only plan

Reversing In re Puffer, 453 B.R. 14 (D. Mass July 8, 2011), the First Circuit Court of Appeals said that a “fee-only” Chapter 13 plan (i.e., a Chapter 13 plan under which the only creditor receiving significant payment is the … Continue reading

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Twelve Tips Every Consumer Lawyer Needs to Know About Utility Disconnections

A utility disconnection is one of the most serious problems a client can face. Fortunately, there are many steps that can be taken to help consumers in this situation, and consumer lawyers need to be familiar with these consumer rights. … Continue reading

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FDCPA’s Strict Limits for Debt Collectors Leaving Messages for Consumers

A voicemail from a debt collector is not the message many people want to share with their roommate, employer, children or parents. The May/June issue of this newsletter examined the rules for debt collectors leaving messages, particularly on shared voicemail … Continue reading

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Offer-in-Compromise Terms Made More Flexible

The IRS has announced another expansion of its Fresh Start initiative by offering more flexible terms to its Offer-in-Compromise (OIC) program that will enable some of the most financially distressed taxpayers to clear up their tax problems, and in many … Continue reading

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IRS Offers Tips for Safeguarding Tax Records

Hurricane season has started and the IRS encourages individuals and businesses to safeguard their tax records against natural disasters by taking a few simple steps. Here are four tips from the IRS to help you prepare in case a disaster … Continue reading

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Purchaser at third-offering delinquent tax sale is required to provide notice to Owner in accordance with §140.405 and file affidavit to commence 90-day redemption so that failure precludes issuing a collector’s deed

This was Plantiff Brock’s (“Purchaser”) action to quiet title claimed via a Collector’s Deed after a third-offering delinquent tax sale, §§ 140.250-504, RSMo. Defendant Caldwell (“Owner”) held record title to Sikeston property (“Property”) and paid delinquent taxes for County Collector … Continue reading

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A warning for real estate professionals who have short term rentals

Time spent on those activities won’t help them beat the passive loss rules, the Tax Court says. Real estate pros who spend over 50% of their working hours and 750 or more hours a year materially participating in real estate … Continue reading

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