Legal Articles: Weltman, Weinberg & Reis Co., L.P.A.

 







Document(s) published by this organization: 95


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HTMLCompliance of Servicemembers’ Civil Relief Act Post Sallie Mae/Navient Consent Order
David Head, Woo S. Jun; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 3, 2015, previously published on November 10, 2014
Earlier this year, the Department of Justice and Sallie Mae/Navient entered into a Consent Order regarding the allegations of Servicemembers’ Civil Relief Act (SCRA) violations. It is important to note that Sallie Mae/Navient did not admit to any of the allegations set forth in the Department...

 

HTMLDoes the Bankruptcy Court have the Authority to Surcharge Exemptions?
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 2, 2015, previously published on November 10, 2014
Law v. Siegel: The facts of the case are that Mr. Law (Debtor) filed for Chapter 7 bankruptcy protection. He valued his home in California at $363,348 and claimed a $75,000 homestead exemption, as well as listed two mortgage liens on the property in question: (1) to Washington Mutual Bank for...

 

HTMLThe Question of “Weather” to Sue or Not
Ted M. Traut; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 27, 2015, previously published on November 25, 2014
First, I must apologize. Not because the title to this post contains a bad pun. But because really, all puns are bad. And I love them anyway.

 

HTMLBad Checks: Know Your Options
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 05, 2015
From a business perspective, there's not much worse than believing you've resolved a troubled account, only to receive a notice of no sufficient funds ("NSF") from your bank after depositing payment. Suddenly, the account that you thought you resolved is a problem again. Additionally, you...

 

HTMLThe CFPB Changes the Rules...Again
Stephen Franks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on November 26, 2014
In an effort to level the playing field for consumers, the CFPB released a proposal for expanded foreclosure protections on November 20, 2014. The following are a summary of the topics the CFPB’s proposed rule changes cover:

 

HTMLVacant and Abandoned: Can Creditors Discard Personal Property Following a Foreclosure in Ohio?
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
Personal property is often left by the prior owner or a tenant following a foreclosure. Sometimes it is difficult to determine whether the personal property has been abandoned. I am often asked what must be done with the personal property left behind once the creditor takes possession of an...

 

HTMLWhat’s in Store for 2015 Regarding CFPB Regulations? Answer: enforcement.
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 30, 2015
In 2014, the new consumer mortgage rules made by the Consumer Financial Protection Bureau (“CFPB”) took effect. Generally, the CFPB implemented laws to protect consumers from negative actions by mortgage servicers and to provide consumers more transparency in working with servicers and...

 

HTMLSafe Student Account Scorecard
David Head; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 6, 2015
In its continued attempt to ensure that agreements between financial institutions and colleges and universities are transparent and favorable to students, the Consumer Financial Protection Bureau (CFPB) is seeking comment on a proposed Safe Student Account Scorecard. The CFPB intends to develop a...

 

HTMLCreditors with Education Receivables should Review Chapter 13 Cases Carefully
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 12, 2015
Since United Student Aid Funds, Inc. v. Espinosa was decided by the United States Supreme Court in 2010, many education loan creditors have begun reviewing Chapter 13 plans to see if there is any provision specifically attempting to discharge any of the otherwise non-dischargeable education loan....

 

HTMLThe 8th Circuit Opens the Door to Partial Discharge of Student Loans and Upends the Totality of Circumstances Test
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on November 20, 2014
Most student loans are nondischargeable in bankruptcy unless a student can show that repayment of the loans will cause the student an “undue hardship”.[1] Undue hardship is not defined in the statute, so courts have developed criteria to determine whether an undue hardship exists. Most...

 


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