Monthly Archives: October 2019

No Miranda Warning Due Before Admitting to a Few Drinks

Custodial interrogation of a defendant occurs under inherently coercive circumstances, but that does not include routine questioning of restrained appellant. In State of Missouri v. Harvey D. Harris, the appellant was restrained due to paramedics strapping him to a backboard and … Continue reading

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CFPB Settles with Asset Recovery Associates over Debt Collection Issues

The Consumer Financial Protection Bureau (CFPB) settled with Asset Recovery Associates, Inc. (ARA). ARA, also known as Financial Credit Service, Inc., collects debts from consumers throughout the U.S. CFPB found that ARA violated the Fair Debt Collection Practices Act by … Continue reading

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Mandatory Change of Judge Transferred

A Missouri circuit court scheduled a bond hearing and denied a timely filed motion for change of judge, citing time constraints. The Missouri change of judge rule is mandatory, and the Missouri Court of Appeals would make permanent its writ … Continue reading

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Forever 21 Plans to Shutter at Least 100 Stores in Bankruptcy

As part of a restructuring plan, Forever 21 is preparing to close 100 stores.  The company is currently working on obtaining a financial package that would provide around $75 million for its restructuring. In exchange for an interest in the … Continue reading

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U.S. Consumer Debt Surges on Jump in Credit-Card Balances

In July 2019, U.S. consumer borrowing hit the highest increase since late 2017. Total credit rose by $23.3 billion from the prior month. Revolving debt increased by $10 billion, the highest since November 2017. The growth of non-revolving debt, which … Continue reading

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Education Department Rejected 99 Percent of Applications for Student Loan Forgiveness Program

In 2018, Congress funded the Temporary Expanded Public Service Loan Forgiveness Plan to help students having trouble qualifying for loan forgiveness. The U.S. Department of Education accepted one percent (1%) of the applicants in the first year of the program. … Continue reading

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Demystifying the Business Loan Approval Process

The following 18 red flags will help to maximize chances at receiving a denial of a business loan applications: No Budget Minimal Understanding of Your Numbers Poor Credit Score or Credit References Interest Rate is Your Primary Concern Excessive Dependencies … Continue reading

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President Signed into Law Four Bi-partisan, Bi-cameral Bills

On August 23, 2019, the President signed into law four bipartisan, bicameral bills passed by Congress: the “Family Farmer Relief Act of 2019;” the “Honoring American Veterans in Extreme Need Act of 2019:” the “National Guard and Reservists Debt Relief … Continue reading

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Former Chicago Real Estate Exec Convicted of Lying About Assets in Bankruptcy Filing

Brett Immel, a former Chicago real estate executive, was convicted on August 26, 2019, by a federal jury, of fraudulently concealing income and bank accounts in his 2009 bankruptcy petition. Immel faces up to five years in federal prison for … Continue reading

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Missouri Enacts New Law in Which Sheriffs Get Paid for Service of Summons

The State of Missouri now requires that everyone pay the sheriff $20 for service of any summons, writ or other order of court, in connection with any civil case, and making either a return indicating a service, a non est … Continue reading

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