News

26 Mar

SCOTUS Has the Final Say: Firms Are Not Debt Collectors Under the FDCPA When Conducting Nonjudicial Foreclosures

As you may be aware, on March 20, 2019, the United States Supreme Court issued a ruling answering the question of whether or not businesses engaged in nonjudicial foreclosure proceedings are considered debt collectors under the Fair Debt Collection...

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07 Mar

SHOULD CONGRESS ABROGATE BRUNNER’S CRITERIA FOR DETERMINING “UNDUE HARDSHIP” UNDER § 523(a)(8)? By: Cheryl Cook, Supervising Bankruptcy Attorney

POINT: Should Congress Abrogate Brunner’s Criteria for Determining “Undue Hardship” Under § 523(a)(8)? Since the 1980s, Brunner has provided a useful standard for evaluating requests to discharge student loans based on undue hardship. The criteria identified in that decision...

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11 Feb

FOR IMMEDIATE RELEASE—FEBRUARY 11, 2019: POTESTIVO & ASSOCIATES, P.C. AWARDED NATIONAL BEST & BRIGHTEST

ROCHESTER, MI – Potestivo & Associates, P.C., a legal services provider to the default servicing industry, is proud to announce it has been selected for “The Best and Brightest Companies to Work For™” in the National competition. The firm...

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05 Feb

MICHIGAN FORECLOSURE UPDATE: SIXTH CIRCUIT INTERPRETS FDCPA AND WHAT IT MEANS TO CEASE COLLECTION OF THE DEBT

On January 11, 2019, the United States Court of Appeals for the Sixth Circuit reversed the United States District Court for the Eastern District of Michigan in interpreting what it means to “cease collection of the debt,” as required...

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08 Jan

Understand How the U.S. Government Shutdown Might Affect Default Servicing in Michigan and Illinois

As many of you know, the United States government shutdown that took effect December 22, 2018, continues. The Federal Courts have issued a statement indicating that they will remain open through January 11, 2019, based on existing non-appropriation funds. ...

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08 Nov

FOR IMMEDIATE RELEASE: POTESTIVO & ASSOCIATES, P.C., NAMED MREPORT TOP 25 COMPANY TO WORK FOR

ROCHESTER, November 8, 2018—Potestivo & Associates, P.C., is proud to announce that they have been selected by MReport magazine, one of the country’s leading sources for mortgage banking news, as one of the “Top 25 Companies to Work For”...

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01 Nov

FOR IMMEDIATE RELEASE – Potestivo & Associates, P.C. – Leading Law Firm in the Real Estate, Finance, and Credit Industry is Pleased to Announce the Addition of Two Supervising Bankruptcy Attorneys

Potestivo & Associates, P.C., is pleased to announce the hiring of Marc Wagman, who will serve as Supervising Bankruptcy Attorney in our Chicago office, and Cheryl Cook, who will serve as Supervising Bankruptcy Attorney in our Rochester office. Marc...

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12 Sep

FOR IMMEDIATE RELEASE – SEPTEMBER 12, 2018: BRIAN A. POTESTIVO AND CHANTELLE R. NEUMANN RECEIVE 2018 SUPER LAWYER AND RISING STAR ACCOLADES

Brian A. Potestivo, President and Managing Attorney of Potestivo & Associates, P.C. was officially named a 2018 Super Lawyer. Also, Supervising Litigation Attorney, Chantelle R. Neumann, was selected for inclusion in the 2018 Michigan Rising Star List. Both announcements...

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23 Aug

Potestivo & Associates, P.C. Awarded Metropolitan Detroit’s Best and Brightest Companies to Work For

We are proud to announce an outstanding award received in recognition of our Human Resource initiatives. For the 6th consecutive year, the National Association for Business Resources has named Potestivo & Associates, P.C. one of Metropolitan Detroit’s Best and...

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16 Aug

Potestivo & Associates Holds Annual Summer Picnic at Rochester Location

Rochester, MI – Last Friday, Potestivo & Associates team members participated in the annual company summer picnic held at our Rochester location. Employees were treated to an afternoon of socializing, food and games in appreciation of all of their...

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