by Carol Lawson Esq | Jul 2, 2015 | Consumer Credit, Uncategorized
Holding: The Patient Protection and Affordable Care Act Section 36B’s tax credits are available to individuals who purchase health insurance on an exchange created by the federal government. http://www.scotusblog.com/case-files/cases/king-v-burwell/
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year.
(2) (a) the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 [1] of the Patient Protection and Affordable Care Act, […] https://en.wikipedia.org/wiki/King_v._Burwell
What this means to you. You may keep the subsidies you receive for the insurance the government is forcing you to carry.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | May 3, 2015 | Consumer Credit, Florida Foreclosures, Foreclosure, Loan Modification
Morejon v. F&M Real Estate, Inc., et. al., 40 Fla. L. Weekly D823a (Fla. 2n DCA April 8, 2015). Unless a borrower voluntarily agrees to produce financial documents in advance of a mediation to allow a lender to evaluate possible mortgage options or options to foreclosure, court-ordered foreclosure mediations may become futile. The 13th Judicial Circuit’s interlocutory order requiring borrowers to produce private financial records for court-ordered mediation, based upon their Uniform Order of Referral to Foreclosure Mediation which requires that the borrower provide a completed financial disclosure form and any additional documentation requested by the plaintiff at least 30 days prior to the scheduled mediation was quashed by the 2nd DCA.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | May 3, 2015 | Bankruptcy, Consumer Credit
In Donaldson v. LVNV Funding, LLC, Civil Action No. 1:14-cv-01979-LJM-TAB (S.D. Ind. Apr. 7, 2015) and Torres v. Asset Acceptance, LLC, Civil Action No. 2:14-cv-6542-ER (E.D. Pa. Apr. 7, 2015), the debt collectors filed proofs of claim in the plaintiffs’ Chapter 13 bankruptcy cases. The Debtors filed lawsuits under the FDCPA alleging that filing the proofs of claim violated the FDCPA by making false representations of the character, amount, or legal status of the debt, by threatening to take action that cannot legally be taken, by using false representations or deceptive means to collect or attempt to collect the debts, and by using unfair or unconscionable means to collect or attempt to collect the debts. The Southern District of Indiana and the Eastern District of Pennsylvania granted the creditors Motion to Dismiss in both cases, declining to follow the Eleventh Circuit’s decision in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). The 11th circuit found that the POC violated the Fair Debt Collection Practices Act (“FDCPA” 1257 or “Act”). 15 U.S.C. §§ 1692-1692p (2006).
http://scholar.google.com/scholar_case?case=15631228362360253615&q=Crawford+v.+LVNV+Funding,+LLC,++758+F.3d+1254+(11th+Cir.+2014)&hl=en&as_sdt=40006
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Apr 12, 2015 | Consumer Credit, Florida Foreclosures, Foreclosure
The District Court of Appeal of Florida, Fourth District, reversed a mortgage foreclosure judgment, because the prior foreclosure action had been dismissed with prejudice by operation of law- an adjudication on the merits, barring the second foreclosure action based on the same default under the doctrine of res judicata.
The Court held that the mortgagee was required to provide a new notice of breach of the mortgage agreement to support its foreclosure complaint in the second action, which the mortgagee did not do.
A new default would not have barred the 2nd foreclosure action
http://www.4dca.org/opinions/April%202015/04-08-15/4D13-4825.op.pdf
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Apr 6, 2015 | Consumer Credit, Florida Foreclosures, Foreclosure
Clark v Statebridge (Fla. 6th Jud. Dist.) A trial court in the Sixth Judicial Circuit in and for Pasco County, Florida recently denied a mortgagee’s motion to dismiss a borrower’s complaint that alleged a violation of the Florida Consumer Collection Practices Act (“FCCPA”) for sending monthly mortgage statements directly to the borrower while the borrower was represented by counsel.
The trial court determined that the borrower had stated a cause of action for a violation of the FCCPA, as the TILA servicing rule requiring periodic statements (12 CFR 1026.41) does not preempt the FCCPA’s bar on directly communicating with borrowers in connection with the collection of a debt while they are represented by counsel.
The court held that the FCCPA was not preempted by the federal requirement to send a monthly mortgage statement to the borrower.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
