Reaffirmation Agreements In Bankruptcy: Should I Sign And What Happens If I Don’t?

Close up of female hand writing on paper with ink penOne of the most persistent questions which arises in a Chapter 7 bankruptcy is what to with secured creditors whose debts are secured by the debtor’s property.  In such cases, the secured creditor is likely to pressure the Chapter 7 debtor into signing a “reaffirmation agreement.” 

Supreme Court Declines to Extend “Lien Strip” Rights to Chapter 7 Debtors

house abandonedIn my most recent blog post, I wrote about  Bank of America, N.A. v. Caulkett (575 U.S. _____) (2015)

Supreme Court to Decide if “lien strips” are Valid in Chapter 7 Cases

us supreme courtIt is about time the honest but unfortunate homeowner gets a break in Washington, D.C.

Supreme Court: Chapter 13 Denial of Confirmation is not an “Appealable Order”

The Supreme Court unanimously decided today that denial of confirmation is not a final, appealable, order. Bullard v. Blue Hills Bank, 575 U.S. ___, No. 14-116 (U.S. May 4, 2015).

How do I know If I am being sued in the wrong Court?

When a consumer collections lawsuit is filed by a junk debt buyer, there are two proper courts where the lawsuit can be filed – either 1) a court where the consumer signed the original note which the lawsuit was based upon, or 2) a court where the consumer resides at the time lawsuit was filed. The federal Fair Debt Collection Practices Act ( or “FDCPA” for short) gives consumers powerful rights if the collections lawsuit is filed in some other court, including the right to recover up to $1,000 in statutory damages.

Sued by Greene & Cooper, LLC in Northeast Ohio?

WE GOT THEM TO PAY OUR CLIENTS!

Blake Owen Brewer Co. LPA's photo.My clients here in Cleveland, Ohio, were sued by a Cincinnati debt collection law firm on behalf of a “Care Credit” credit card they had opened up. Due to health reasons and a loss of income, they had defaulted on their credit card payments. Care Credit then sold the debt to a collection agency called Asset Acceptance. Fortunately for them, instead of ignoring the lawsuit, they came to see me, and we started to defend the lawsuit. The law firm, Greene & Cooper, represented Asset Acceptance, which is a huge buyer of defaulted credit card debts. In summary, the Plaintiff in the lawsuit (the person bringing the lawsuit) was not Care Credit, but Asset Acceptance.