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KEEPING YOUR HOUSE IN BANKRUPTCY
The homestead exemption is a critical protection mechanism in bankruptcy law, designed to help individuals retain their homes even when they are undergoing financial distress. This exemption places a limit on the value of equity in a debtor’s primary residence that is protected from creditors during bankruptcy proceedings. Here’s a detailed look at how the…
Telephone consumer protection act consent is a straight jacket – make the telemarketer wear it
In 2017 the ninth circuit said “the scope of a consumer’s consent depends on the transactional context in which it is given. The call or text message must be based on the circumstance in which the consumer gave his or her number.” Van Patten v. Vertical Fitness Grp., LLC, 847 F.3d 1037, 1040 (9th Cir….
Motion to dismiss granted – what does it mean to your TCPA lawsuit?
Our good friend Eric Troutman once professed that every time a Telephone Consumer Protection Act case gets dismissed, an angel gets its wings. Today he wrote an article about a TCPA pro-se plaintiff’s lawsuit getting dismissed. “BACK TO BASICS: Court Dismisses Plaintiff’s TCPA Case Against Liberty Bankers On the Simplest Possible Grounds–But Its Lawyers Missed…
A review of a pro-se plaintiff’s TCPA complaint
This is unsolicited review of a telephone consumer act pro-se plaintiff’s complaint. I chose this complaint because it fits the theme of another recent blog post – are confirmation text messages actionable under the TCPA. First, the standard disclaimers. I practice in the ninth circuit and I will look at it through the lens of…
Why Most Pensions Are Exempt From Garnishment
Pensions are a vital source of income for many retirees, providing financial stability and security in their later years. Most pensions are protected from garnishment, ensuring that retirees can rely on their retirement funds without the fear of losing them to creditors. Understanding the reasons behind this protection requires a closer look at the laws…
Keeping your Car in Bankruptcy
Filing for bankruptcy can be a daunting and overwhelming experience. It involves making difficult financial decisions and can significantly impact various aspects of your life, including your assets. One of the most pressing concerns for many individuals during bankruptcy is whether they can keep their car. For many, a car is not just a means…
Anything you say can and will be used against you in a court of law
One of the themes of this blog is playing defensive ball, and not letting the other side rack up easy points from unforced errors. So lets look at a fair debt collection practices act case that teaches pro-se plaintiffs in particular to stop self snitching, Scroggin v. Credit Bureau of Jonesboro, Inc., 973 F. Supp….
What to do when witnesses don’t want to testify
If you deal with enough scammers and telemarketers, you will run into witnesses who refuse to testify. The correct thing to do is use the power of the court to compel them to answer. Lets start with ninth circuit case Barnett v. Norman, 782 F.3d 417, 420 (9th Cir. 2015). Prisoner Barnett and two prison…
Misusing subpoenas in a telemarketing case – a cautionary tale
I just wrote a different post on who bears the expense of responding to subpoenas, and someone pointed me to the story of a pro-se TCPA plaintiff hit with an eleven thousand and change sanction over some subpoenas he issued. This happened to an experienced telephone consumer protection act plaintiff Craig Cunningham in Cunningham v….
Understanding Chapter 13 Bankruptcy
Chapter 13 bankruptcy, often referred to as a “wage earner’s plan,” is a type of bankruptcy that allows individuals with an income above the means test threshold to develop a plan to repay all or part of their debts. This form of bankruptcy is designed for those who have a steady source of income and…
Understanding Chapter 7 Bankruptcy
Chapter 7? Chapter 11? Chapter 13? What are all these “chapters” and which one would be best for me? Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” is a legal process designed to help individuals who are overwhelmed by debt. It is in the truest sense of the words, a “fresh start.” Here’s a…
Avoid the TKO – defending against summary judgement in telemarketing lawsuits
If the TCPA plaintiff doesn’t ask for much, many telemarketers will settle quickly. But some want to fight every lawsuit, and if the settlement cost is too high, they may also decide to fight it out. This strategy is not unreasonable because many pro se TCPA plaintiffs don’t really know how to get their claims…