Individual Bankruptcy Filings
[vc_row content_placement=”middle”][vc_column offset=”vc_col-md-11 vc_col-xs-12″][vc_column_text] Individual Bankruptcy Filings: Chapter 7 vs. Chapter 13 [2020-05-08 APD Rev.] Under the Bankruptcy Code, individual debtors have different options when seeking bankruptcy protections: chapter 7 and chapter 13. Chapter 7 is a liquidation bankruptcy which wipes out most of an individual filer’s unsecured debts, such as credit cards and medical bills. Generally, chapter 7 […]
Debt Collection in the Social Media Age
By: Kevin Hernandez In an age where social media is ubiquitous, some debt collectors are catching on to its wide-spread use to assist in collecting debts, and sadly, to threaten and harass consumers. “Normally, collectors use social media to locate people or see if there are any assets that might be collectable,” notes Joel […]
Black & LoBello on AM720 KDWN
Listen to the Legal Hour on KDWN AM720 from March 12th, 2014 in which Kevin L. Hernandez, Esq., discusses the Fair Debt Collection Practices Act (“FDCPA”) (3:30)(9:15), legal recourse against debt collectors (7:30), impact on credit (11:00), fixing a credit report (13:20), disputing a debt (15:30)(29:10), how debt collection agencies make money (17:45), debt collection fees (20:00), […]
FOURTH CIRCUIT REJECTS REQUIREMENT OF WRITTEN DISPUTES UNDER THE FDCPA
On January 31, 2014, the U.S. Court of Appeals for the Fourth Circuit held that an oral dispute of an alleged consumer debt is sufficient under Section 1692g(a)(3) of the Fair Debt Collection Practices Act (“FDCPA”). See, Clark v. Absolute Collection Serv., Inc., No. 13-1151, 2014 WL 34943 (4th Cir. Jan. 31, 2014). […]
Ninth Circuit Rules on Constitutionality of Actions Under the Fair Credit Reporting Act
On February 4, 2014, the Ninth Circuit Court of Appeals ruled that claims under the Fair Credit Reporting Act (“FCRA”) confer Article III standing regardless of any actual harm resulting from the defendant’s violation(s). See, Robins v. Spokeo, Inc, 11-56843, 2014 WL 407366 (9th Cir. Feb. 4, 2014). “Article III standing” refers to the constitutional requirement […]