Consumer Financial Services Law

OCTOBER 18, 2016

A district court in California has dismissed a complaint alleging violations of the FCRA’s informational provisions because the plaintiff did not have Article III standing. Nokchan v. Lyft, Inc. , Case No. 15-cv-03008-JCS. 2016 U.S. Dist. LEXIS (N.D. Cal. Oct. 5, 2016). In Nokchan, an employee of Lyft alleged Lyft failed to provide certain disclosures regarding credit and background checks during the application process.

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Debt Free Colorado

OCTOBER 15, 2016

Updated 11/21/2019. Your household income is an important element in determining whether you are eligible for a Chapter 7 Bankruptcy and calculating the payment amount and duration of a Chapter 13 Bankruptcy repayment plan. The bankruptcy means test compares your income to the median income for the same-size household in your state. If you make less than the median, you’re presumed to qualify for a Chapter 7 or you are eligible for a Chapter 13 plan that ends after 3 years of payments.

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Consumer Financial Services Law

OCTOBER 17, 2016

Last week, the Supreme Court agreed to hear Midland Funding v. Johnson and resolve the split in the circuits over whether the filing of a time barred proof of claim violates the FDCPA and whether the Bankruptcy Code preempts the FDCPA regarding proofs of claim. As many know, Johnson was the Eleventh Circuit’s encore act to Crawford v. LVNV in which it not only supported its position in Crawford but expanded it by addressing the issue left unanswered in Crawford : whether the Bankruptcy Code pree

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