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Punitive Damages for Violations of Automatic Stay in Bankruptcy §362

Livinglies's Weblog

Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” in bankruptcy schedules and orders that lead to a false conclusion of fact.

Where a pretender lender ignores the automatic stay Bankruptcy judges are and should be very harsh in their penalty. The stay is the bulwark of consumer protection under bankruptcy proceedings which are specifically enabled by the U.S. Constitution. Hence it is as important as free speech, freedom of assembly, freedom of religion and the right to keep and bear arms.

The attached article shown in the link below gives the practitioner a running start on holding the violator responsible and in giving…

View original post 1,004 more words

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Student Loans: “Best Value”(?!), An Erroneous Idea, and Next Steps — MEDIATBANKRY

“We don’t want loans. We want grants!” —Yours truly, circa 2000s, on paying for college “We are creating a ‘lost generation’ of young adults; they’re overwhelmed by their student loans!” —Recent comment from a friend This article identifies two things that are wrong with our student loan system (Exhibits “A” & “B”) and […]

via Student Loans: “Best Value”(?!), An Erroneous Idea, and Next Steps — MEDIATBANKRY

They should also revise the rules that make it next to impossible to discharge a student loan. If the lenders had to worry about student loan debtors discharging their student loans in the same way they can discharge their taxes they would tighten up their lending standards.

BILLIONS MADE AS HOUSING GOES DOWN UNDER SWEETHEART FDIC LOSS SHARING DEAL — Livinglies’s Weblog

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: On the IndyMac portfolio alone, they made billions while the investors and homeowners got crammed down with double-talk about where the money went. I have been saying for years that there is far more money to be made by banks, servicers, […]

via BILLIONS MADE AS HOUSING GOES DOWN UNDER SWEETHEART FDIC LOSS SHARING DEAL — Livinglies’s Weblog

This article is an excellent explanation of why OneWest and others are more interested in foreclosing than exploring other solutions. They make more money when they foreclose because of the sweetheart deals that they finagle from the FDIC and other government agencies.

The Fate of the CFPB Consumer Complaint Database? To Be Determined. — Consider The Consumer

Well, what do you think? Should consumers, businesses, etc., be allowed to have access to complaints others have shared about different companies? Should there be a database that holds these in one place? 1,215 more words

via The Fate of the CFPB Consumer Complaint Database? To Be Determined. — Consider The Consumer

I believe that the CFPB consumer complaints database should be public information.

New Consumer Threat: Cell Phone Account Fraud — Consider The Consumer

Cell Phone Account Fraud is the newest consumer threat we must be wary of! This occurs when thieves (and other shady individuals) open up phony cell phone accounts in someone’s name, using the accounts to access bank accounts, sign up for credit cards, or even sell the phone number for other criminals to use. Cell…

via New Consumer Threat: Cell Phone Account Fraud — Consider The Consumer

Modification or Refi? Which is it? — Livinglies’s Weblog

Just because a document bears a title doesn’t mean that it accurately describes the nature of the transaction. A modification of any agreement requires both sides to agree. Here again we have the identity of the creditor being changed — expressly eliminating any claim that the “servicer” is a legal representative of the creditor to […]

via Modification or Refi? Which is it? — Livinglies’s Weblog

If Wells Fargo Calls To Offer You An Equity Loan On Your Car… Say No. — Consumerist

Over on the Credit Slips blog, Elizabeth Warren posted an email from a bankruptcy lawyer who was stunned at the horrible deal one of her clients got from Wells Fargo on an equity loan on a car.

via If Wells Fargo Calls To Offer You An Equity Loan On Your Car… Say No. — Consumerist

 

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