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Category Archives: General
Missouri Supreme Court Requires Debt Buyer to Produce a Real Records Custodian to Prove Standing
The Missouri Supreme Court recently reversed a judgment for a debt buyer for failing to provide competent evidence that it owned the debt on which it sued. In CACH, L.L.C. v. Askew, the debt buyer, CACH, L.L.C. offered the testimony … Continue reading
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Tagged CACH LLC, Qualified witness, Records Custodian, Supreme Court
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Means Test–Expenses–Secured debt expense:
Applying the “forward-looking approach” embraced in Ransom v. FIA Card Services, N.A., 131 S.Ct. 716 (2011) and Hamilton v. Lanning, 130 S.Ct. 2464 (2010), even though those were Chapter 13 cases, two courts held that a Chapter 7 debtor may … Continue reading
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More Flexible Offer-in-Compromise Terms Help Taxpayers Make a Fresh Start
The IRS has expanded its “Fresh Start” initiative by offering more flexible terms to its Offer-in-Compromise Program. These newest rules enable some financially distressed taxpayers to clear up their tax problems even quicker. An offer-in-compromise (OIC) is an agreement between … Continue reading
Keep the Child and Dependent Care Tax Credit in Mind for Summer Planning
During the summer many parents may be planning the time between school years for their children while they work or look for work. The IRS wants to remind taxpayers that are considering their summer agenda to keep in mind a … Continue reading
Eighth Circuit Finds FDCPA Protects Person Mistakenly Identified as Debtor
In Dunham v. Portfolio Recovery Associates, L.L.C., the Eight Circuit rejected to the debt buyer’s argument and the lower court’s holding that the FDCPA did not provide any protection to a person from whom the debt collector mistakenly sought payment … Continue reading
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
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
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
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