Strategy: Structuring and Plotting the Case

FCRA, FDCPA and Bankruptcy Part Two

The second webinar will cover the overlap of FCRA and Chapter 7 (liquidation) bankruptcy. Mr. Krumbein will be discussing very briefly how Chapter 7 works (again familiarity with bankruptcy is helpful but not required), and then go into the substantive law including the White/Acosta/Hernandez settlement. Emphasis will be on e[b] claims and the advisability of doing a dispute under i/s-2[b].

Helping Those with Spouses on the IRS Deadbeat List

Individuals who file joint returns with their spouses are on the hook if the taxes are not paid even if the other spouse is the sole income earner. Tax debts can be difficult to get rid of in bankruptcy, and of course bankruptcy comes with its own set of downsides. Relief is available for some spouses, including victims of domestic violence, through a series of statutes and procedures in the tax law.

FCRA Deposition Tactics and Strategies

This Webinar will focus on effective strategies for noticing and taking depositions in FCRA cases. When should depositions be noticed? Where and how should they be noticed? How should they be recorded? What should be the order of witnesses? What are the purposes of the depositions that the plaintiff seeks? What happens when the witness is unprepared or uncooperative? How should you deal with an obstructionist defense attorney? How should you mange deposition exhibits? Are you effectively taking a trial deposition?

A Beginner’s Guide to FDCPA Cases

The Fair Debt Collection Practices Act (FDCPA) is one of the most consumer-friendly statutes out there. And, with about one in seven consumers in the U.S. currently subject to collection by third party debt collectors, the potential harvest of FDCPA claims is plentiful. Learn the basics of the FDCPA so that you can spot potential claims and help consumers.

The Verdict Against Equifax for FCRA Violations

Justin Baxter will discuss litigation strategies, trial practice, and themes that resulted in an $18.5 million jury verdict against Equifax for violations of the Fair Credit Reporting Act. Beginning in 2009, Equifax merged Julie Miller's credit file with that of another person with a different Social Security number, birthdate and address. Ms. Miller disputed the account repeatedly, but Equifax failed to perform any reinvestigations. The case was tried in federal district court in Oregon in July of 2013.

FCRA, FDCPA and Bankruptcy Part 3

Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.


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