On December 1, extensive amendments to the Bankruptcy Rules go into effect. As analyzed in this article, of special note are rules dealing with mortgage loan payments in chapter 13 cases, electronic filing of bankruptcy forms, and with appeals from bankruptcy court to the federal district court.

A recent appellate court ruling highlights the availability of attorney fees for the consumer when a creditor or debt buyer fails to prevail in a credit card or other collection action. This article sets out seven ways in which consumers can recover such attorney fees if the creditor fails in its collection lawsuit.

An important recent Ninth Circuit ruling rejects a federal regulation as to when a national bank can ignore state law. This article explains how the decision underscores that federal regulators and some courts have been overly expansive in protecting banks from liability for violating state consumer protection laws.

A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.

Billions of pieces of information that creditors, debt collectors, and other “furnishers” of information send to credit reporting agencies are in a standard format called Metro 2. This article links to updated and expanded information on creditors’ liability when they report consumer data in a non-conforming manner that leads to inaccurate consumer reports.

The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.

As explained in this article, an August federal court decision finds that Fannie Mae and Freddie Mac are state actors, meaning their foreclosures must meet constitutional due process standards. This ruling thus has the potential to reshape most foreclosures in the majority of states that allow nonjudicial foreclosures.

This article helps families in financial distress decide whether to file bankruptcy: what bankruptcy can and cannot do, the best time to file for bankruptcy, when it is the wrong choice, whether to file under chapter 7 or 13, bankruptcy’s cost, and common misconceptions about bankruptcy.

Significant decisions on the TCPA—allowing $500 damages ($1500 if willful or knowing) for each unwanted robocall or robotext—pour in almost daily. This article summarizes the very latest developments on the definition of “autodialer” (the key TCPA issue today), the limited impact of arbitration requirements, revocation of consumer consent, and more.

A July 27, 2018 Arizona Supreme Court decision is the latest ruling to offer consumers new ways to argue for a shorter limitations period when defending a credit card collection action. This article examines which statute in a state applies, which state’s limitations period applies, when the period begins, and when it is tolled or revived.

This article details rights to cancel, reduce, and delay federal student loan payments, how to get out of default short of making back-due payments, as well as the methods the government has to enforce payment. Student options concerning private student loans are also examined.

This article explains options homeowners in financial trouble currently have to delay or reduce their mortgage payments. The latest guidelines are set out for Fannie Mae, Freddie Mac, FHA, VA, and RHS mortgage loans. The article also provides advice on applying for these options and deciding which option to select.

This article explains how to get information on your mortgage payments (with a sample “request for information”), what happens to partial payments, disputing the amount due, and what you need to know about escrow, property taxes, and insurance. Upcoming articles will address with new guidelines on loan modifications and defending a foreclosure.

This article sets out what families in financial trouble need to know about their credit report and credit score: how they work, when non-payment most affects a credit score, who sees the credit report (and who does not), how to review your own credit report, coping with a blemished report, and rebuilding your credit.

Widespread criminal justice debt—arising from fines, fees, costs, and more—has an outsized impact on consumers, including millions of drivers losing their licenses, seizure of income and assets, and even incarceration. This article provides advice on limiting these consequences and asserting rights against collection of criminal justice debt.

This article explains the limits on what a debt collector can do, sets out 8 ways to stop debt harassment—including 4 sample letters, lists illegal collection practices, and explains how to hire an attorney to sue the collector for damages.

Millions of collection lawsuits result in court judgment debt, where creditors can garnish wages, benefits, and bank accounts, and even seize cars, homes, and other property. This article sets out consumer rights and strategies to limit these creditor remedies.

This article sets out consumer rights and tactics when past-due taxes are owed to the IRS, including how to reduce or pay your tax debt over time and a spouse’s legal obligation. Also covered are why you should file your tax return even if you cannot pay your taxes, steps the IRS takes to enforce a tax debt, and the impact of a bankruptcy filing.

Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.

On May 24, the President signed legislation amending eight consumer statutes—everything from rights of tenants in foreclosed property to mortgage originations to private student loans to credit reporting. This article highlights the changes—both harmful and helpful for consumers.