Debt Collection

Securitization, Foreclosure, and the Uncertainty of Mortgage Title

11/18/13

I've got a new article out in the Duke Law Journal entitled The Paper Chase:  Securitization, Foreclosure, and the Uncertainty of Mortgage Title.  The article is about the confusion securitization has caused in foreclosure cases because of the shift in legal methods for mortgage transfer and title that accompanied securitization. 

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New State Exemption Survey

10/15/13

Federal bankruptcy law defers to the states on a critical issue: what is the basic minimum income and property that debtors need not surrender to creditors.  Four states protect 100% of workers' wages, while 21 states allow creditors to garnish debtors' wages down to 50% of the poverty level for a family of 4, according to a new report from the National Consumer Law Center.   Similarly only 9 states protect a used car of  average value from seizure, and

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Good News About Credit Card Debt Sales

07/02/13

American Banker reporters Maria Aspan and Jeff Horwitz have been sharing cutting edge news about the debt collection and debt buyer world for some time. The news they share this week is good news indeed. They report that JPMorgan Chase is pulling back even more in its credit card collections-related activities, by stopping most bad loan sales to outside debt buyers.

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Direct Deposit and Social Security: Not so Nice for Those who Owe: Part II

03/20/13

So just a bit more information on garnishing social security and other public benefits now people who know more about that than I do have joined the conversation. Basically 42 U.S.C. § 407(a) has always precluded creditors (other than the IRS for taxes or those holding child support claims) from garnishing social security benefits (SSA) or other public benefits.

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Direct Deposit and Social Security: Not so Nice for Those who Owe

03/18/13

Jonathan Ginsberg posted an interesting article
on the National Association of Chapter 13 trustees web site this weekend, that will be relevant to many of our readers as well.

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Sixth Circuit Throws Out Debt-Buyer Settlement

02/28/13

The National Consumer Law Center’s e-blast this morning contained some very good news for consumers.  The 6th Circuit has just thrown out a nationwide settlement involving Midland, a robo-signing debt buyer, and over a million consumers.  This will allow other class and individual actions to proceed against Midland.

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Two very Important FTC Studies, One on Credit Reports and One on Debt Buyers

02/13/13

A recent FTC study of errors in credit reports is getting a lot of press. According to the most recent in a number of studies of the accuracy of credit reports, about 5% of U.S. consumers have an error on their credit report that is serious enough to increase their cost of credit. Although the credit industry is arguing that this is a small percentage (and I agree that this is a lot smaller than I expected), the head of the FTC does not consider it small.

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An Empirical Overview of Modern Sovereign Debt Litigation

01/04/13

In December, I attended a terrific conference examining historical parallels to the European debt crisis. I was there to talk about the early-20th century antecedents of modern collective action clauses, the magic contractual potion - or is it snake oil?

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Putting the E(lliot) in Sovereign Debt Enforcement...

12/10/12

Until a month or so ago, you could have asked almost any economist or political scientist whether sovereign borrowers worry about legal enforcement, and, by way of answer, you would gotten a technical version of "Huh?" Academics disagree about why sovereigns repay loans, but almost no one thinks they do so to avoid being sued. So although bond investors are technically entitled to sue sovereign borrowers, there is no evidence that these formal legal entitlements actually impact the likelihood of repayment. That's why NML v.

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