May, 2016

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Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

The Creditors Rights

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC) , 547 B.R. 819 (9 th Cir.

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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

FDCPA Defense

The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. The consent orders impose significant new requirements relating to data integrity, dispute handling, debt substantiation, debt sales, affidavit practices, and litigation practices. The orders are not formal “rules” from the CFPB, nor are they “binding” on anyone, other than those identified in the orders.

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What’s Your Number?

Ks Law

Many of my clients worry more about their credit scores than they need to. Credit scores can be important, however, and necessary if you want to borrow money to purchase a home or vehicle. There are even dating websites now for people who require a good credit score for their match. For example: [link] or www.datemycreditscore.com. A recent story in the New York Times noted that credit scores are becoming more common as filters on social websites.