Recent News: Lakewood Bankruptcy Law Blog
We stay abreast of current legal developments. The law is always evolving. Read our Lakewood firm’s bankruptcy and real estate law blogs for the latest information.
Warning: These Posts Does Not Constitute Legal Advice; Please Consult An Attorney
WHEREIN A FRAUDSTER CHOOSES HER FRAUD
It is apparently the rare case where a fraudster not only admits to the fraud, but seeks to get court relief, based upon the timing of the fraud. However, when the object is to protect a residence, anything goes. In the recent case involving debtor Diane Ida...
WHAT IS (AND WHAT IS NOT) A PONZI SCHEME
With the discussion in the press about the Social Security system and Ponzi schemes, it is relevant to ask the question, “What is a Ponzi scheme?” Our Lakewood based law team discusses what a Ponzi scheme is and whether or not social security is an example. In a...
California Updates the Rosenthal Act; Part Deux
Herbert N. Wiggins, Esq., HEARTHSTONE LEGAL GROUP, & Kyle Gurwell, Esq., LAW OFFICE OF KYLE GURWELL As of January 1 and July 1, 2025, various parts of California Senate Bill 1286 go into effect. The bill includes a number of revisions to California’s consumer...
California Expands Debt Collection Protections
FAIR LENDING/MORTGAGES/BANKRUPTCY/TECHNOLOGY January 24, 2025 The federal Fair Debt Collection Practices Act, codified at 15 United States Code Section 1692, was signed into law by President Nixon, and broadly seeks to protect consumers from improper, immoral, cruel,...
A PONZI KIND OF FEELING
A recent bankruptcy opinion illustrates two very important principles in bankruptcy jurisdiction: First, the bankruptcy court does not have original jurisdiction over debts that are not based upon the interpretation of the bankruptcy law. In other words, if an...
Fair Lending/Mortgages/Bankruptcy/Technology
The Florida Homestead, in the Spotlight FAIR LENDING/MORTGAGES/BANKRUPTCY/TECHNOLOGY December 10, 2024 Atlanta, GA election workers, Ruby Freeman and Wandrea ”Shaye” Moss won their $148 MM judgment against former Trump attorney Rudolph Giuliani in late 2023. Mr....
Student Loan Limbo
HEARTHSTONE LEGAL GROUP President, Herbert N. Wiggins FAIR LENDING/MORTGAGES/BANKRUPTCY/TECHNOLOGY October 8, 2024 If it were not clear enough already, it is now perfectly obvious that President Biden’s attempt to grant wide-ranging loan relief to student debtors is...
BK FRAUD: OLD WINE IN AN OLD BOTTLE
HEARTHSTONE LEGAL GROUP President, Herbert N. Wiggins FAIR LENDING/MORTGAGES/BANKRUPTCY/TECHNOLOGY October 22, 2024 In bankruptcy, timing is often everything. For example, the United States Code says that payment by a debtor to a creditor within 90 days of the...
Appeals Court Threatens Relief for Small Business
FAIR LENDING/MORTGAGES/BANKRUPTCY/TECHNOLOGY August 14, 2024 Prior to 2019, Chapter 7 liquidation was the primary form of bankruptcy for small business; the company ceases operation, and the debt, as a practical matter, is non-collectible, even though there is no...
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