If you have been to a hospital for any reason recently, you may have been asked the question, “do you have a living will” by a hospital representative. Many times I have answered no without really understanding the importance of a living will. Currently, in our family, we are going through a very stressful medical roller coaster with a family member. About one month ago, this family member was rushed to the hospital by ambulance for emergency surgery. Unfortunately, due to her age, she had difficulty recovering from the surgery and had to be placed on a ventilator, eventually having…Read More
The answer is maybe. Please tread cautiously and carefully here and know what you are doing before you decide to record a phone call with someone else. Our lawyers at Bond and Botes sue debt collectors under the Fair Debt Collection Practices Act (FDCPA). We generally find two types of cases where clients sue for violations of the FDCPA. The first are letter violations when a debt collector sends a letter to one of our clients. By the way, we want to see ALL collection letters and this blog post explains why. Abuse and Harassment Cases The second type of…Read More
Last month, I wrote about The Weinstein Co. seeking bankruptcy protection after revelations of serious sexual assault and misconduct on the part of board member, Harvey Weinstein. This misconduct occurred over decades, and remained a well-kept secret due to a document known as a Nondisclosure Agreement, or NDA. Victims of Harvey Weinstein were required to sign nondisclosure agreements in return for receiving monetary settlements arising from claims of sexual misconduct against Mr. Weinstein. Because the victims were required to stay silent after receiving settlements from the Weinstein Co., per the nondisclosure agreements, the actions of Harvey Weinstein were never brought…Read More
If you’ve filed a Chapter 13 bankruptcy case, there are certain aspects of the case you should be aware of in daily life. The one key point to keep in mind while your Chapter 13 case is active is that the Court will closely monitor your budget and financial situation. Sales and Transfers of Property Just about any sale or transfer of property has to be approved by the Court beforehand. And don’t forget, the Court describes “property” as any real estate or personal property. So any vehicles, boats, motorcycles, or any “big ticket” item has to be approved by…Read More
The Consumer Financial Protection Bureau (CFPB) has two sets of new amendments to its RESPA and TILA mortgage servicing rules that will go into effect on April 19. One set of these amendments affects borrowers who are in or have been in bankruptcy. New Amendments This set of amendments gives homeowners who are in or have been in a bankruptcy the right to receive monthly mortgage statements. In 2014, the CFPB issued a periodic mortgage statement rule that requires mortgage servicers to send monthly statements with detailed information about a borrower’s loan. The rule has a broad exemption for a…Read More
I previously wrote about various programs that are available for individuals struggling with student loan debt. You can find that information here and also a link to the website here. Many people have taken advantage of these programs with success but, sometimes, this does not solve all of their financial issues. Getting the student loans under control is important and it usually relieves some of the financial burden you may have, however, you may still need assistance with other consumer debt. The Issue with Bankruptcy and Income-Based Repayment We have helped many people who are in income-based repayment plans for…Read More
The hits just keep on coming for Wells Fargo. As if the $185 million settlement/penalty the bank has already paid to resolve the fake accounts issue wasn’t bad enough, Wells Fargo could now face up to $1 billion in penalties for auto insurance and mortgage lending abuses according to a new CNBC article and Reuters report. To recap the series of missteps made by the bank over the last several years, including other penalties and settlements paid, check out some of the other articles written below by my colleagues: Harming Consumers Again—Overcharging for Auto Insurance Predatory Lending Practices Against the…Read More
Almost every day a client tells me about receiving a phone call that sounds like a scam. The Federal Communications Commission (FCC) has reported an increase in “neighbor spoofing”. Neighbor spoofing is when illegal robocallers use tactics to try and trick you into answering calls. Technology advances are behind the surge in calls according to the FCC. The robocallers hide behind a fake caller ID number that matches your area code and the first three digits of your phone number so you believe the call is local. You may even get a call that matches your phone number to avoid…Read More
It is estimated by the Internal Revenue Service that 1 million taxpayers have yet to file their 2014 tax return and claim their refund. They further estimate that the refunds could exceed $1 billion. However, to claim any refund due, you must file your 2014 federal tax return by April 17, 2018. This is the same date that your 2017 federal tax return is due. Claiming Your 2014 Refund What happens if you don’t file the return? There is no penalty for filing a late return if you are going to receive a refund, but the law does provide that…Read More
The Weinstein Co. bankruptcy has now endangered the continued existence of one of its marquis properties: Project Runway. According to reporting in Page Six, A&E Network cancelled its distribution deal with The Weinstein Co. for Project Runway based upon a breach of contract. The television network claims Harvey Weinstein “failed to operate a workplace within the bounds of the law, failed to notify A&E of potential legal claims, and failed to abide by A& E standards and practices.” Why Is the Loss of Project Runway an Issue? As one of the premiere series on cable television, A&E’s decision to cancel the next…Read More
