Debt collectors often run into evidentiary problems with proving applicable contracts for breach of contract claims arising from credit card debts. In 2014, the Consumer Financial Protection Bureau (CFPB) ordered Midland et. al and PRA to stop filing breach of contract claims unless they had proof of the cardholder agreement at the time of filing the collection action. It would appear that in order to avoid those problems, debt collectors turned to the claim of account stated.
Strategy: Structuring and Plotting the Case
There are 1.6 trillion dollars in outstanding student loans in the U.S. that affect forty-four million Americans. As attorneys, we need to have a basic knowledge of how to assist our clients in the handling of this type of debt and how to best explain options.
The student loan problem is often very confusing and misunderstood by the student loan borrower as well as the public in general. The student loan debt problem is multi-generational, and potential clients are present in all age groups
With over $1.5 trillion in student loan debt nationwide, borrowers are seeking solutions to put an end to their high-interest private student loan debt. Consumer bankruptcy attorneys would benefit the most from this webinar, but these arguments can also be used in settlement negotiations outside of bankruptcy.
The credit reporting agencies (CRAs) are large, powerful, and loaded with money to pay lawyers to beat you. Summary Judgment is their most powerful tool. They seek not only to defeat your case, but to obtain favorable opinions that they can use for every case moving forward. Larry Smith and SmithMarco, P.C. have battled and defeated the CRAs for fifteen years. Learn how to prepare your cases for their inevitable attacks.
Furnishers will almost always file summary judgment motions against you if your last demand asks for anything beyond walk-away money. Smart lawyers prepare for the inevitable summary judgment motion weeks and months before the motion hits their desk. Bob Brennan has defeated countless furnisher summary judgment motions in his twenty-odd years of doing FCRA work and hopes to share some pertinent tips in this webinar.
Federal student loan programs are overly complex, making it a challenge for attorneys and advocates to provide meaningful assistance to borrowers. This is made even more difficult when the programs have undergone changes or updates following legislation or litigation. This webinar will bring you up to speed on where things stand with some of the most popular and critical federal student loan programs.
In Obduskey v. McCarthy & Holthus LLP (139 S. Ct. 1029 (2019)), the Supreme Court addressed the scope of the FDCPA’s application to non-judicial foreclosures. The court held that under certain conditions, the full range of FDCPA prohibitions do not apply to collection attorneys when they implement the steps required to conduct a non-judicial foreclosure.
Since the collapse of the mortgage lending market in 2008, many would-be homebuyers have found themselves locked out of the traditional lending market. What is old is new again: “rent-to-own” transactions have emerged to fill this gap. These transactions are being advertised on the internet and in local communities as the affordable alternative to buying a home. They go by many names: rent to own, lease purchase, contract for deed, and lease with option to purchase, to name a few.