As the owner of a small bankruptcy law practice in Tampa, Florida, we were often thought of as the epicenter of the great recession and foreclosure crisis back in 2008-2012. One thing that always made a big impression on me, was the number of people who genuinely believed and tried…
The Social Security Administration (“SSA”) assesses overpayments in any instance where it thinks it may have overpaid benefits. This most commonly occurs when a recipient doesn’t timely report a change in circumstances, such as income. In many cases, the overpayment may be caused by the SSA itself, when it fails…
I’m usually reluctant to talk much about pending bills recently introduced because so much can happen before a bill becomes a law. Remember that cartoon with the little bill walking from place to place? Wow, that dates me a bit. But odds are something along these lines will get passed…
This week I received an email from a borrower who believed that she didn’t have to make her private student loan payments due to COVID and the CARES Act. Not true. While many private lenders have indeed voluntarily agreed to forbearance of two to six months per a recent Wall…
The TBBBA is entering the Zoom age for the Consumer Lunches starting at Noon August 4 and continuing the first Tuesday of every month. The Zoom coordinates will be sent later in a TBBBA email blast. It’s bring your own lunch – but no commute! CLE credit. First up is:…
Webinar: Why you should care about the CARES Act May 20, 2020 at Noon The Tampa Bay Bankruptcy Bar Association will be hosting a FREE Webinar via Zoom on May 20, 2020 from 12:00 to 1:30pm. Why you should care about the CARES Act and its impact on Student…
It can be risky to reaffirm a mortgage in a bankruptcy, particularly when the property is underwater (worth less than what is owed), or you may need to move and sell quickly. A reaffirmation agreement puts you back on the hook to pay for the full amount of the mortgage,…
I just found an eye opening video by Gary Fraley, a certified bankruptcy attorney in California, on why debt relief companies should be avoided! Watch the video – it’s short, to the point, and there’s a cool saddle in the back ground — looks like a former Texas transplant to…
Courts are divided on this issue. The answer may matter as to whether a debtor in bankruptcy must pass the means test. The federal Bankruptcy Code defines consumer debt as debt incurred by an individual “primarily for a personal, family, or household purpose.” … The court may classify student loans as either consumer debt or non-consumer debt. Some courts, like…
The FCRA requires that “[w]henever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” 15 U.S.C. Section 1681e(b). That’s a high burden “maximum possible accuracy”! And it is not being…