Consumer Bankruptcy Guide

Judge Coleman – Vehicle Cannot Be Exempted as Tool of Trade

06/17/25

In In re Cady, Ch. 7 No. 24-41026-ejc, 2025 WL 1587266 (Bankr. S.D. Ga. June 4, 2025) the issue was whether the Debtor, a real estate agent, could claim an exemption in her vehicle as a tool of the trade.

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The Trap of Merchant Cash Advances and Financing

09/22/22

If you have a business, you have no doubt received advertisements for “merchant cash advances,” “merchant loans” or “merchant financing,” whether or not those specific terms are used.  If in doubt, just do a search for those terms and you will get a couple pages of sponsored ads (but be warned the big brother of the internet will flood you with ads after that).  Based on cases I have now, and calls I have received, business has picked up considerably for those

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11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer

04/06/16

FDCPA2The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the  Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers.  Not surprising

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