John Gear Law Office & Salem Consumer Law    503-569-7777
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I have nice clients all over Oregon

3/29/2019

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One of the best things about my job is getting to meet nice folks from all over the state, including the one who just sent me some photos of the elk visible from the back porch in Pendleton.
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Nice new neutral resource for people with student loans/loan troubles

3/25/2019

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About Us
The Institute of Student Loan Advisors Corporation (TISLA) was founded to ensure that all student loan borrowers have access to free, neutral and clear student loan advice and dispute resolution assistance. We are a 501(c)(3) non-profit who believes that these borrowers have a right to a trusted resource with industry experience to mentor, educate and advocate for them. Student loan borrowers have a right to such a resource without being charged a fee, barraged with advertisements or forced to provide personal information that may later be sold.

Our goal is to help you help yourself. We are not here to manage your student loans for you, but to give you expert advice and help you to manage them successfully. We will offer fair, neutral advice that outlines what you are eligible for that is in line with current regulation and statute.

What We Can Do For You

  • Offer expert advice on your student loans
  • Help you decide which repayment plan make the most sense for you
  • Determine if you are eligible for loan forgiveness or discharge
  • Offer guidance in any dispute you may have regarding your student loans
  • Guide you through completing required forms and applications
  • Help you get out of a default or delinquency status

What We Cannot Do For you

  • Offer legal advice
  • Offer opinions on a particular company or servicer
  • Fill out or submit your forms for you
  • Pay your loans
  • Change the law or regulations
  • Manage your loan accounts for you

Testimonials
From James D. August 1, 2018

“I am very happy that I found freestudentloanadvice.org. I was very frustrated with trying to solve my student loan issues on my own and Betsy was such a great help with advice and follow up. Thank you so much!”

How We Are Funded

At the core of TISLA’s values is the promise of free, neutral and transparent student loan advice. For that reason, we do not accept advertising funds from any businesses nor fees from consumers. TISLA is funded through grants, donations and our fee for service products we offer to employers, schools and associations with constituencies concerned with student debt. 

Such donations and partnerships will be listed on this page to ensure continued transparency. If you are interested in helping to fund TISLA, a 501(c)(3) non-profit organization, please contact betsy “at” freestudentloanadvice.org or donate through donorbox online.

TISLA 2018 Annual Report

Partnership Opportunities

TISLA offers several affordable and customizable packages to suit your constituencies needs for expert student loan repayment education and assistance.  These offerings are suitable for employers looking to attract and retain valuable employees or schools who wish to provide student loan assistance to their alumni, students and employees.  Our services can also be a way for associations to provide additional value to their members.  Please contact betsy “at” freestudentloanadvice.org for more information on partnering with TISLA.

Our Leadership

TISLA is currently completing its board roster. If you, or someone you know, has a passion for the issue of student debt, can contribute their business, non-profit or other expertise and influence, and would like to consider serving, please contact betsy “at” freestudentloanadvice.org

Our Mission

To make certain that all student loan borrowers have access to free, neutral and accurate resources and mentoring to ensure they can successfully manage their student loan debt.

Our Values
  • Accuracy
  • Clarity
  • Integrity
  • Professionalism
  • Approachable
  • Respect
  • Neutrality
  • Transparency
  • To be of service to others
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New bankruptcy exemptions apply after 1 April - better for debtors

3/20/2019

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Bankruptcy Exemption Limits (what you can keep) Amounts Going Up

Bankruptcy Code § 104(b) provides that the exemption amounts and other dollar figures in the Code are automatically adjusted for inflation every three years. The adjustments are based on changes to the Consumer Price Index for All Urban Consumers published by the Department of Labor, rounded to the nearest $25.


New dollar amounts take effect on April 1, 2019, and will apply to all cases filed on or after that date. Consumer debtors who may benefit from the higher dollar amounts, particularly with respect to exemptions, the means test, and chapter 13 debt limitations, may wish to delay a bankruptcy filing until the new amounts take effect on April 1, 2019.


Despite popular belief, many lower-income bankruptcy filers can retain all or almost all of their assets in a chapter 7 bankruptcy. The new higher exemption limits means that it is even more likely that consumers can protect their assets in a chapter 7 filing.


New Exemption Amounts Protect More Consumer Property

Consumers in states that have not opted out of the federal exemptions may claim the bankruptcy exemptions under Bankruptcy Code § 522(d), as discussed in NCLC’s Consumer Bankruptcy Law and Practice § 10.2.1.1.

The federal bankruptcy exemptions may also be claimed if the “safe harbor” in Bankruptcy Code § 522(b)(3)(A) applies due to the consumer’s domicile for exemption purposes, even if the state in which the consumer’s domicile is located is otherwise an opt-out state, as discussed in id. § 10.2.1.2.

Exemption amounts refer not to the value of property, but to the consumer’s equity in the property after deducting outstanding credit secured by that property. The exemption amounts in Bankruptcy Code § 522(d) are doubled when a married couple files a joint case. 11 U.S.C. § 522(m).

For a state-by-state summary of state exemption amounts that apply to bankruptcies in certain states and that also protect property from seizure by judgment creditors, see NCLC’s Consumer Bankruptcy Law and Practice Appendix J. The same state-by-state survey is found in NCLC’s Collection Actions Appendix G.

As of April 1, the digital version of NCLC’s Consumer Bankruptcy Law and Practice will be updated throughout showing the new higher dollar amounts, both in the chapters and the Bankruptcy Code appendix (with footnotes showing the old dollar amounts). The following are the new exemption amounts:


Homestead - § 522(d)(1)                                      $25,150
Motor Vehicle - § 522(d)(2)                                   $ 4,000
Household Goods - § 522(d)(3) Per Item Limit        $ 625
Aggregate Limit Household goods                       $13,400
Jewelry - § 522(d)(4)                                             $ 1,700
Wild Card - § 522(d)(5) Any property                    $ 1,325
Wild Card Unused homestead § 522(d)(1)          $12,575
Tools of the Trade - § 522(d)(6)                            $ 2,525
Unmatured Life Insurance - § 522(d)(8)               $13,400
Personal Injury Claims - § 522(d)(11)(D)              $25,150


Exemption for Retirement Accounts

As discussed in NCLC’s Consumer Bankruptcy Law and Practice § 10.2.3.3, the federal bankruptcy exemption for retirement funds in pension plans and individual retirement accounts is available to all debtors, even those in “opt-out” states who would not otherwise be permitted to claim the federal exemptions. 11 U.S.C. § 522(d)(12) and § 522(b)(3)(C). The maximum dollar amount for this exemption also adjusts every three years. 11 U.S.C. § 522(n). The new maximum aggregate value of funds in retirement accounts that may be exempted will be $1,362,800.

Other Dollar Amount Adjustments in the Code

The inflation adjustment also applies to other dollar amounts in the Code, including:

  • • Priority for wages and employee benefits under Bankruptcy Code § 507(a)(4) will now be $13,650, and the priority for consumer deposits under Bankruptcy Code § 507(a)(7) will be $3,025. Distribution to priority creditors is discussed in NCLC’s Consumer Bankruptcy Law and Practice § 3.5.4 and § 18.5.5.

  • • Debt limits for eligibility for chapter 13 under Bankruptcy Code § 109(e) will also go up—to $419,275 in unsecured debt and to $1,257,850 in secured debt. The chapter 13 debt limitations are discussed at id. § 4.2.1.3.

  • • Threshold for the presumption of nondischargeability under Bankruptcy Code § 523(a)(2)(C) for purchases of luxury goods or services incurred within 90 days prior to filing will be $725 and for cash advances within 70 days prior to filing will be $1,000. A discussion of when these presumptions arise can be found at id. § 15.4.3.2.3.2.

  • • Dollar amounts under the means test for determining whether a presumption of abuse exists, based on the debtor’s income after expenses over a 60-month period, will now be: (i) $8,175 ($136.25 per month based on 60 period) or 25% of nonpriority unsecured debt, whichever is greater, or (ii) $13,650 ($227.50 per month). 11 U.S.C. § 707(b)(2)(A)(i). These dollar amounts are discussed at id. § 13.4.6.1.

  • • The cap on homestead property acquired within 1215 days before the bankruptcy filing under Bankruptcy Code § 522(p) or based on the commission of certain bad acts by the debtor under Bankruptcy Code § 522 (q) will be $170,350. These limitations on state homestead exemptions are discussed at id. § 10.2.3.4.

  • • The minimum aggregate amount of property that a trustee may seek to recover as preference in a case filed by a debtor whose debts are primarily consumer debts will now be $6,825. 11 U.S.C. § 547(c)(9). This limitation on a trustee’s ability to avoid transfers as a preference is discussed at id. § 10.4.2.6.4.2.

  • • The amount in an education IRA, a section 529 tuition savings program, and a qualified ABLE account that is excluded from property of the estate, if placed in such an account between 365 and 720 days before the petition was filed, will now be $6,825. 11 U.S.C. §§ 541(b)(5)(C), 541(b)(6)(C), 541(b)(10)(C). This exclusion from the bankruptcy estate is discussed at id. § 2.5.3.
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Imposter Scams Top The Charts in 2018 - REMINDER: the IRS, Social Security or police/sheriff will NEVER call you demanding money!

3/18/2019

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See more at https://public.tableau.com/profile/federal.trade.commission#!/

For the first time, imposter scams topped the list of consumer complaints submitted in 2018 to the Federal Trade Commission’s nationwide Consumer Sentinel database, driven in part by a jump in reports about government imposter scams.


Fraudsters operating government imposter scams falsely claim to be from the Internal Revenue Service, Social Security Administration, or another government agency to get people to turn over money or personal information. Government imposter scams made up nearly half of the 535,417 imposter scam reports to the FTC in 2018. Consumers reported losing a total of nearly $488 million to all types of imposter scams in 2018—more than any other type of fraud—and reported a median loss of $500.



Many government imposter scam reports involved fraudsters who falsely claimed to be from the Social Security Administration. These scammers typically tell people their Social Security number has been suspended, or that there is some other problem, in an effort to get them to reveal their Social Security number or pay money to “reactivate” it. In reality, Social Security numbers are never suspended and the Social Security Administration will never require you to pay to obtain one.



“If you get a call out of the blue from someone claiming to be from a government agency like the Social Security Administration or IRS asking you for personal information or money, it’s a scam,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “You should hang up immediately and report it to the FTC at ftc.gov/complaint.”



Increase in Reports, Fraud Losses


In all, the FTC received nearly three million complaints from consumers in 2018. Consumers reported losing nearly $1.48 billion to fraud in 2018—38 percent more than the year before. Debt collection complaints dropped to the number two spot after topping the FTC’s list of consumer complaints for the previous three years.



Identity theft was the third most common complaint, and consistently ranks among the top consumer complaints made to the FTC. There was a 24 percent increase last year in identity theft reports that involved credit card fraud on new accounts. At the same time, there was a large drop (38 percent) in reports involving tax identity theft.



As in previous years, wire transfers and credit cards were the first and second most widely reported form of payment for fraud. In 2018, however, a growing number of consumers reported that scammers demanded to be paid with gift and reload cards. The number of consumers who said they paid with a gift or reload card grew from over 28,000 in 2017 to more than 41,000 in 2018, while the total amount paid using a gift or reload card to scammers nearly doubled to $78 million.



As in 2017, more consumers in their twenties who reported fraud said they lost money (43 percent) compared with those in their seventies (15 percent). Yet when those in their seventies reported losing money to fraud, the median amount they lost was much larger ($750), compared with those in their twenties ($400).



The data book includes national statistics, as well as a state-by-state listing of top report categories in each state, and a listing of metropolitan areas that generated the most complaints per 100,000 population. The top states in 2018 reporting fraud and other consumer issues were Florida, Georgia, and Nevada, while Georgia, Nevada, and California had the most reports about identity theft, per 100,000 population.



The FTC produces the Consumer Sentinel Network Data Book annually using reports received by the Consumer Sentinel Network. These include reports made directly by consumers to the FTC, as well as reports received by state and federal law enforcement agencies, national consumer protection organizations, and non-governmental organizations. In October 2018, the FTC began releasing consumer complaint data on a quarterly basis through a new interactive online format.



The Consumer Sentinel Network’s secure online database is currently available to more than 2,500 individual users in civil and criminal law enforcement agencies across the country and abroad. Agencies use the data to research cases, identify victims and track possible targets. Although non-governmental organizations may contribute data to the database, only law enforcement agencies can access the database. Law enforcement personnel can join Sentinel at Register.ConsumerSentinel.gov.



The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.


CONTACT FOR CONSUMERS:  Consumer Response Center   877-382-4357
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Join Consumers Rising and fight for your rights!

3/11/2019

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Welcome to Consumers Rising
Join the Campaign. Make a Difference.
 
For years, consumers have been under attack from all angles -- financial fraud and deceit, invasions of privacy, roadblocks to our day in court. From predatory lenders to crooked banks and debt collectors, it seems like bad corporate actors are always looking for ways to rip us off and get away with it.
 
That's why our work begins today. Your voice and your experiences are the most powerful tool we have to help change things for the better.

CLICK to Join Consumers Rising and get ready to take back control
.

 
Your Finger on the Pulse of the Biggest Consumer Stories

Do you want to pitch in to hold corporate wrongdoers accountable? Keep up with the latest in consumer protection and how it can impact you. Get the scoop from us and find out how you can protect yourself from predatory business practices and stand up for your rights.
 
First Steps
  • Stand up for change now. Tell your member of Congress to end forced arbitration and restore your right to be heard by a judge and jury.

  • Stay informed. Join our campaign now.  

  • Watch now. Brian Cannon tells his story about getting ripped off by an auto dealer and then being forced into arbitration.
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What an "extended auto warranty" scam looks like

3/4/2019

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I really, really hate fast operators who prey on the elderly. I have a close friend, an elderly woman, who shares all the scam mail she gets with me, so I have a window into a world that most working-age folks are totally unaware of.

Below is an example of a really nasty bit of business, an offer pitching what is supposedly a way to buy an extended warranty on your old car (it's not really a warranty but a service contract, but most people call it a warranty or extended warranty).

What it really is instead is a way for them to hook a suction line up to your bank account and drain it.

I know this for several reasons.

One is that my friend's car is a mid-1990s sedan. There is no way in hell that anyone honest will sell her a service contract to fix problems with a car of that age. It would never pencil out.

Two is that, while I was born at night, it wasn't last night. I have had countless elders come to me to complain about "warranties" that refused to pay when the coverage the elder thought they had purchased was invoked.

This whole offer, and especially the table on the back, is the work of sophisticated con artists who know that if they can get elders on the phone, the elders are often vulnerable to sales pitches that play on the fixed-income elder's fear of unexpected/unplanned expenses.  The people who staff the phones for these come-ons are really, really good at being convincing and sounding utterly sincere and honest. They will talk your ear off about the high cost of auto repairs, and how their "product" would give the caller "peace of mind."

That's what this scam is about -- playing on the fear that folks on fixed incomes have of repair bills, just like the horrible "water supply line" warranties that were being sold around here a few years ago.

Believe me, that supposed "example" on the second page of the piece is PURE FICTION and is intended to give the reader the FALSE impression that they are selling something that would PAY for those repairs. (It is a lie, in in other words.)

If you EVER get an offer like this that tempts you to respond, DON'T DO IT.

Send it to me instead -- I'll gladly review it and discuss it with you at no charge if you let me use it as a consumer education example to help others.

And if you can ever show me a mass-mailing come-on that targets the elderly that actually proves to be actually be a good deal after I look into it, I'll not only tell you it seems legit, but I'll give that company a public pat on the back for offering elders a fair deal that benefits them, and not just the company trying to take their money.
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    John Gear Law Office -
    Since 2010, a values-based Oregon law practice serving Oregon consumers, elders, employees, and nonprofits.

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LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2022.

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