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The statute of limitations can be considered an expiration date of sorts regarding a legal claim. Under the Fair Debt Collection Practices Act(“FDCPA”) a consumer has up to a year to bring a lawsuit for the unlawful conduct of a debt collector. Some events can extend the statute of limitations…

Student loan debtors do have options in solving any problems with repaying student loans. If such debtors are overwhelmed or unable to afford a monthly payment, they should immediately contact the loan servicer. The servicer should provide information regarding any available and recommended options to reduce or postpone a payment…

The pinnacle of a Chapter 11 bankruptcy is the confirmation of a plan of reorganization proposed and executed by the debtor. This requires that the debtor file a plan which is accepted by the required class of creditors prior to the court confirming the plan. The plan will outline the…

Once a bankruptcy case is filed, most creditors are instantly prohibited from continuing collection efforts against a bankruptcy debtor by the “automatic stay.” Car lenders are included in the list of creditors who, because of the automatic stay, may neither commence nor continue collection efforts against a bankruptcy debtor. The…

Once a bankruptcy case is filed, most creditors are instantly prohibited from continuing collection efforts against a bankruptcy debtor by the “automatic stay.” Car lenders are included in the list of creditors who, because of the automatic stay, may neither commence nor continue collection efforts against a bankruptcy debtor. The…

You’ve probably heard the phrase “power of attorney” before. Some of you may even have a power of attorney, to help take care of a friend or loved one. A power of attorney can do many things, but in the simplest form, it is the authorization to represent another concerning…

In Florida, the final judgment in a foreclosure case is the written determination by the presiding judge of whether the plaintiff will be able to sell the house at a foreclosure auction, amongst other things. It contains a final determination of the issues in the case. Unless it’s appealed, the…

Recently, I have been reading a number of opinions throughout the 11th Circuit, and Southern District of Florida, which bear the names of uniquely Haitian families. In each of the cases the borrower Plaintiffs did not succeed on their claims under the Real Estate Settlement Procedures Act (RESPA), and in…

Chapter 13 debtors may keep motor vehicles that are the collateral for a loan in a Chapter 13 bankruptcy case. Debtors that are current may continue to make monthly payments on the loan inside or outside of their Chapter 13 repayment plan. Debtors that are not current may pay any…