Molleur Law Blog

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Debt buyer violates MDCPA, 93A by collecting while unlicensed

Posted 1 week, 1 day agoViewed 25 times

In a case vs. Midland Funding, LLC, Attorney Miller wins a case for her client.  To find out more about the case see the document below: To find out more about Molleur laws services for unfair debt collection click here .

Favorable Decision for Maine Homeowners

Posted on 01/12/2017 at 01:41 pmViewed 263 times

The U.S. District Court for the State of Maine issued a decision this week that clarifies Maine homeowners' rights after consenting to a foreclosure judgment with a waiver of deficiency.  In  Kowalski v. Seterus, Inc. , Judge Woodcock denied Seterus' Motion to Dismiss Kowalski's claims under the Fair Debt Collection Practices Act (FDCPA), the...

Need Help Understanding Your Student Loans?

Posted on 12/21/2016 at 10:22 amViewed 253 times

Federal loans? Private loans? Subsidized loans? Unsubsidized loans? Perkins loans? Parent plus loans? Direct loans? Cost of living loans?  There are many different types of loans that students use to pay for their educations.  Each type has special repayment terms and some have deferment, forbearance and forgiveness opportunities while others...

Case filed against Wells Fargo Home Mortgage/America's Servicing Company and Bank of NY Mellon as Trustee

Posted on 12/02/2016 at 12:15 pmViewed 415 times

Attorneys Andrea Bopp Stark and Christopher Keach filed an action last week on behalf of a home loan borrower against Wells Fargo Home Mortgage and the Bank of New York Mellon as Trustee for violations of the automatic stay and discharge injunction of the bankruptcy code (11 U.S.C. §362 and 11 U.S.C. §524). Other claims alleged include...

New Hampshire Court Defines Loan Servicer Chase's Responsibilities on Loss Mitigation Efforts

Posted on 12/02/2016 at 11:44 amViewed 294 times

Attorney Andrea Bopp Stark and her co-counsels received a good decision last week in Dionne v. Chase, Fannie Mae pending in the New Hampshire Federal District Court. The decision outlined the rights and responsibilities of borrowers and loan servicers in the loan modification process. Some highlights include: Loan servicers must comply with...

Discharge Denied for Failure to Disclose Assets

Posted on 11/27/2016 at 01:26 pmViewed 324 times

The First Circuit Court of Appeals recently denied a debtor his discharge for failing to list an exempt retirement account on his bankruptcy schedules.  In the case of Premier Capital, LLC v. Richard Crawford, the First Circuit upheld a decision by the Massachusetts Bankruptcy Court to deny a debtor his discharge as to all debts due to his...

Consumer Protection for Automobiles – More Than Just Lemon Laws.

Posted on 11/01/2016 at 10:41 amViewed 399 times

Purchasing an automobile can be a stressful endeavor.  Many consumers will only purchase a handful of automobiles in their lifetime and many times less expensive used automobiles come with hidden defects unknown to potential buyers.  This can leave consumers at a severe disadvantage when they are purchasing a new or used car because consumers...

Bankruptcy Court’s Pro-Consumer Decision On “Student Loan” By Joseph C. Smith, J.D.

Posted on 09/14/2016 at 11:36 amViewed 473 times

Earlier this year, the Bankruptcy Court of the Eastern District of New York ruled that a “bar loan” of $15,000 was dischargeable in bankruptcy. The Court ruled that the loan, taken out by a law student to cover living expenses while studying for the bar exam, did not provide an “educational benefit” but was instead an “arms-length consumer...

First Circuit Instructs Real Estate Brokers in Bankruptcy Cases

Posted on 08/23/2016 at 07:53 pmViewed 542 times

On August 19, 2016, the First Circuit Court of Appeals issued a decision in the case of Harris v. Oak Knoll Associates.  Harris was a real estate broker hired to assist in selling an apartment complex in Connecticut.  Harris found a buyer and the owner of the apartment complex, Oak Knoll Associates, signed a purchase and sale contract with the...

Wedding Rings Protected in Maine

Posted on 08/23/2016 at 07:23 pmViewed 542 times

Maine's Bankruptcy Court issued an important decision today protecting wedding rings from bankruptcy trustees.  In the case of In re Cynthia Chaney, the Court held that wedding and engagement rings are exempt under Maine's exemption statutes. A Chapter 7 Trustee objected to Ms. Chaney's claim of exemption to her wedding and engagement rings. ...

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