On Friday, August 23, 2019 President Trump signed H.R. 2938, the “Honoring American Veterans in Extreme Need Act of 2019” or the “HAVEN Act,” into law. HAVEN Act excludes from the calculation of monthly income, for purposes of the Bankruptcy Code’s means test, certain benefits paid by the Department of…
If you happen to have Ocwen as a mortgage servicer (or former servicer), you may have an excellent reason to challenge their books. Check out this quote from an Eleventh Circuit Court of Appeals case out this week in University of Puerto Rico Retirement System et al v. Ocwen et…
While I don’t generally post our client reviews, there are times where I simply can’t help myself. This one in particular shows the difference between having an advocate on your side versus getting your information from the student loan servicer — who by the way represents the creditor only. They…
I thought I’d take a minute to share common defenses faced by consumer lawyers such as myself — and help arm consumers with just how and what they should say to stop the calls. First, a debt collector will always deny that you ever revoked consent to call. They will…
Who are all these people? People who want to put an end to the student loan crisis. Most are Bankruptcy Judges from the Middle, Southern and Northern Districts. The rest are us committee members who helped to put in place a new Student Loan Modification Program which goes into effect…
How many of us no longer answer our cell phone? With all the caller ID spoofing/disguising nowadays, most people I know don’t answer, opting instead for the caller to leave a voice message. This ensures they want to talk to the caller, and then they call back. The caller may…
A 529 account and/or a Florida Pre-paid account is a no brainer. A 529 account is NEVER taxed. As long as you use the money for educational expenses, the gains from bond interest, stock dividends and stock appreciation is never taxed. You can easily set up an account through Vanguard…
For anyone who has an interest in Public Service Loan Forgiveness, or other forgiveness programs for federal student loans, we were interviewed by attorney Kenneth Landau on his radio show that will be broadcast at 3:00 p.m. today and available as a podcast thereafter at www.NCCradio.org.
Rogers v. Rogers, 12 So.3d 288 stands for the general proposition that student loan debt incurred during the marriage is a marital liability. See, e.g. Smith, 934 So.2d 636, at 641; Adams v. Cook, 969 So.2d 1185, 1187 (Fla. 5th DCA 2007); Banton v. Parker-Banton, 756 So.2d 155, 156 (Fla.…
In the Seventh Circuit, which includes Illinois, Indiana and Wisconsin – the answer is “YES” in a ground breaking ruling against Great Lakes this week. Servicers must tell the truth when a student loan borrower asks questions about their options to repay student loans. Servicers who steer borrowers into…