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San Diego Bankruptcy Law Blog

Debt collectors must pay for harassment

The federal government is coming to the aid of Americans who have been the target of creditor harassment regarding debts they may not have even owed.

The Federal Trade Commission (FTC) is the federal agency responsible for responding to consumer complaints about fraudulent practices. Though identity theft ranks as the number one complaint investigated by the FTC, debt collectors come in at number two.

Recently, the FTC penalized one of the country's largest debt collectors, Asset Acceptance, for deceiving consumers with respect to collecting on old debts.

Are blacks discriminated against when it comes to bankruptcy?

According to the results of a recent study, it appears the answer to that question may be yes. In fact, the study suggests that in general blacks are almost twice as likely to face more difficult and expensive bankruptcy proceedings than white people are.

The study found that some bankruptcy lawyers may be more likely to suggest filing for Chapter 13 bankruptcy as opposed to filing for Chapter 7 bankruptcy. These statistics were interestingly consistent across the nation, including in California.

Major lenders agree to reduce principal mortgage amounts

Many California homeowners are currently struggling to make ends meet, and as a result may be facing imminent foreclosure if they are unable to reach a loan modification with their lender.

Help may be on the way for at least some struggling homeowners in California and throughout the country if a draft settlement between five major lending institutions and the 50 states is executed.

Kodak to restructure with the help of Chapter 11 bankruptcy

In what has been a much anticipated restructuring, the 132-year-old American photo company, Kodak, has finally filed for bankruptcy protection under Chapter 11. Kodak has suffered after the coming of the highly competitive digital age and has faced heavy competition both by foreign companies as well as the digital industry, and most recently with the widespread use of smartphone cameras.

In the past decade, the company has been struggling to see profits and has reduced its workforce by nearly 50,000 employees. Many of its manufacturing plants and processing labs have been closed, and it looks like more will have to go. Inside bankruptcy, Kodak is hoping to streamline its business structure even further so that it can remain operational.

Credit scores fell along with credit card debt last year

The economic downturn has left many Americans more aware of their credit and financial situations. Many people are working their way out of credit card debt and learning how to better manage their finances, as not to repeat mistakes that many in the San Diego made in the past. A person's credit score is often influenced by many indicators of overall financial stability.

Sometimes inaccuracies in a person's credit report can cause low credit scores and leave them in need of credit repair services. This might be the case for more people since last year the average credit score in the United States fell. This indicated more Americans could be using more of their available credit, missing payments on their credit cards or exceeding credit limits. All of these things can impact a person's credit score.

O.J. Simpson trying to stop foreclosure

Football star O.J. Simpson is well-known not only because of his NFL career, but also because of problems that he has had in his life. These problems include the famous criminal trial in which he was acquitted in the murder of his ex-wife, Nicole Brown Simpson and her boyfriend Ron Goldman, in 1994.

Simpson's name was not completely cleared however, as he was held financially responsible in the wrongful death lawsuit brought by Goldman's family. That judgment was in the amount of $33 million. This judgment against Simpson is one of many factors that led to his bankruptcy and most recently a foreclosure filing.

Real life Jerry Maguire files for Chapter 7 bankruptcy

Leigh Steinberg, who may be better known as the inspiration for the lead character from the movie "Jerry Maguire," recently filed for bankruptcy. Though the famous sports "super agent" has represented some of the biggest names in football and has negotiated record-setting contracts, he has not been without his own personal financial problems.

Californians may be thinking that bankruptcy is only for people who do not know how to manage money. However, managing money and negotiating multi-million dollar contract is exactly what Steinberg did best. According to some, Steinberg is brilliant. Even so, he filed for Chapter 7 bankruptcy because his financial situation got away from him.

California realtors warn of foreclosure relief scams

Offers by companies to modify mortgages and create financial relief are often part of fraudulent schemes. Financially troubled borrowers should be leery of falling prey to foreclosure relief scams. A recent announcement by the California Association of Realtors is attempting to increase consumer awareness of these scams at a time when such fraudulent setups are becoming more prevalent.

San Diego foreclosure prevention lawyers note that scammers find consumers to victimize through the public foreclosure notices publishing in newspapers, on the internet and elsewhere. Scammers purport to be able to stop foreclosure proceedings immediately, and many offer money-back guarantees to create the illusion of a no-risk situation.

New California law restricts right of employers to check credit

Starting Jan. 1, California enacted a law that made it harder for employers to check the credit scores of job applicants. Some San Diego readers might have been surprised at how widespread this practice was before this law went into effect.

Employer say they need to check the credit scores of job applicants because doing so provides an insight into character and judgment of a prospective employee. According to one privacy expert, about 60 percent of employers perform a credit check as a regular part of the background process.

Critics want changes to student loan system and bankruptcy

One of the growing issues coming out of the Occupy Wall Street movement and other groups is the increasing burden student loan debt has placed on young professionals and even individuals with families. But some of the more pressing criticism seems to be toward a broken system that rewards lenders for defaulted loans more than the ones that are paid off.

San Diego bankruptcy lawyers note that some observers of the student loan industry consider the lenders' actions to be predatory in nature. Because student loans are exempt from traditional consumer protections like bankruptcy, refinancing and statutes of limitations, lenders benefit from having a power over those in debt to them to a degree unmatched by lenders in other markets.