The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 42 Number 3

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The People’s Lawyer’s Tip of the Day

Writing a post-dated check is a good idea when you don't have the money in the bank but will soon, right? Wrong! As a general rule a post-dated check may be paid by your bank at anytime. My advice: do not write a post-dated check if you don't have the money in the bank.  Click here for more.


House Votes to Move Up Credit Card Law

The House of Representatives voted this week to move up the effective date for the new credit-card law. After the law was initially passed, credit card companies immediately started raising interest rates and adding fees. Unfortunately, that is exactly the sort of behavior the law was set to prevent. Now the date change must go before the Senate. Is the damage already done? Is the date change coming too late? Click here for more.


H1N1 ("Swine Flu") News & Information

H1N1 ("Swine Flu") fears continue to mount as more people across the United States continue to contract the virus. Are you looking for a vaccine? Do you need information on viral medications? What are the recent Swine Flu scams? Stay up to date on the latest information. Click here for more.


Your Money

How can you maximize returns on your CDs? Click here for more.


For the Lawyers

Attorney’s fees not recoverable for action pursuing damages for violation of stay. The Ninth Circuit held that a party can recover as actual damages only those attorney fees related to enforcing the automatic stay and remedying the stay violation, not the fees incurred in prosecuting the bankruptcy adversary proceeding in which he pursued his claim for those damages. The court noted that under the American Rule, a plaintiff cannot ordinarily recover attorney fees spent to correct a legal injury as part of his damages, even though it could be said he is not made whole as a result. The context and goals of the automatic stay support this narrower understanding, and it is the one we adopt. Click here for more.

 

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