Category: Legal Profession

Resources to Learn More About For Profit Student Loan Forgiveness

Student loans are a big problem for folks in the Middle Tennessee area. After I gave an interview on the “for profit” student loan forgiveness story last week, my phone started ringing off the hook.

One of the statements I made (which didn’t make the interview) was that a borrower who wants to make a forgiveness request may not need to hire a lawyer to help them with this process.

I mean, I love taking client money as much as the next lawyer, but there are resources online that you should review before talking to a lawyer.

I think the official Federal Student Aid website was a great resource. The site is written in good, clear text and contains a a link at the bottom, under the “How to Repay Your Loans” tab. The specific link is “Forgiveness, Cancellation, and Discharge.” This section contains a comprehensive “Frequently Asked Questions” section, as well links to the application to utilize the forgiveness process.

Lawyers are great and can be a benefit in any process like this. But, before you hire one, I’d suggest that you read the website and get an understanding of the issues first. Then, you know, bring in the big guns.

Loophole Under Federal Laws May Allow Some “For Profit” College Student Loans to be Forgiven

 

Last week, I talked to NewsChannel5 about a loophole under federal law that may allow borrowers to have their student loans forgiven, where they attended a “for profit” college that has either closed or made clearly false claims to attract students.

NewsChannel5

The law doesn’t apply to traditional colleges or universities, but, instead, to “for profit” colleges, a list of which can be found here.

These colleges generally target non-traditional students (i.e. older students with full time jobs), generally offer only night or online courses, and are known for advertising aggressively.

A great background “primer” on these issues can be found in “The Rise and Fall of For Profit Schools,” which suggests that the “advertising aggressively” part is the root of the trouble. Saying that “these schools made promises they couldn’t keep,” the article says that the industry may misrepresentations to get the attention of prospective students. This generally involves advertising inflated post-graduation job placement rates, misleading claims about potential future earnings, and lies about their faculty and facility quality.

With the economic downturn, as unemployed workers were looking for work and new job skills, those prospective students were the perfect marks for such alleged claims. Because many were unemployed or low income, the student body relied on federal student financial aid to pay the tuition.

The NewsChannel5 report drew from this Wall Street Journal article, which presented the shocking numbers of students availing themselves of the loan forgiveness process. Five years ago, the government had received only a handful of such requests; in the past 6 months, the story says, “more than 7,500 borrowers owing over $164 million have made applications.

Yikes.

Tennessee Supreme Court Considers Noisy Corn Maze in the Context of “Nuisance” Laws

In the fall, you’ll see corn mazes sprout up all over Tennessee. In fact, Memphis loves Marc Gasol so much that they made a corn maze mural of Big Spain. I’ve been to this corn maze, however, and I encourage you to not attend on the nights offering the “haunted” version. (It’s horribly terrifying.)

Ok, back to the legal talk. All this reminds me of a recent Tennessee Supreme Court opinion involving a corn maze, which is a great primer on the law surrounding “nuisance.” It’s at Shore v. Maple Lane Farms, dated August 19, 2013.

In the case, two neighboring landowners squared off in a dispute over the 225 acre farm’s noisy new side business. After years of raising cattle, corn, and other produce, Maple Lane Farms expanded to include an annual spring festival and, later, a fall festival and corn maze. The Plaintiff moved next door in 2003, and, over the next few years, the Farm’s side activities got louder. Beyond the quaint occasional pumpkin festivals, the Farm moved on to regular music festivals, ATV rides, fireworks, and even aerial tours of the corn maze via helicopter.

As you can imagine, music festivals and helicopter fly-overs can get loud, and the farm’s neighbor filed suit in Blount County Chancery Court for them to be quiet, citing local zoning laws.  The opinion has a long discussion of the procedural aspects, but I’ll talk about noisy neighbors here.

Citing the law that “directs landowners not to use their property in a way that injures the lawful rights of others,” the Court said a “nuisance is anything that annoys or disturbs the free use of one’s property or that renders the property’s ordinary use or physical occupation uncomfortable. It extends to everything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of the property.” “As long as an interference with the use or enjoyment of property is substantial and unreasonable enough to be offensive or inconvenient, virtually any disturbance of the use or enjoyment of the property may amount to a nuisance.”

The Court noted that the test is for a “reasonable person,” not for the “hypersensitive.” In judging a noise complaint, the Court noted “[a]mong the relevant circumstances are the locality, the character of the neighborhood, the nature of the use causing the noise, the extent and frequency of the injury, the time of day when the noise occurs, and the effects on the enjoyment of life, health, and property of those affected by the noise.” Remedies include damages and injunctive relief.

So, as you’re walking around a corn maze this fall, yelling for help or waiting for the fireworks to start, think of the angry neighbors next door.

The really interesting part of this opinion is actually later, in the Court’s interpretation of the Farm’s defense under the Tennessee Right to Farm Act. I’ll save that talk for another day.

New Lawsuit filed in Davidson County Challenges Nashville’s AirBNB Restrictions

An interesting case was filed yesterday in the Davidson County Circuit Court. The lawsuit, styled Rachel Anderson and P.J. Anderson v. The Metropolitan Government of Nashville and Davidson County, Davidson County Circuit Court No. 15C3212, attacks Nashville’s regulations on Airbnb.com listings.

A copy of the Complaint can be found here.

Essentially, the Plaintiffs allege that the ordinances violate their constitutional due process and equal protection rights by imposing an arbitrary interference and limits on their operation of their residence as a rental property on the short-term rental site Airbnb.com.

It’s a strange lawsuit, with a lot of details alleged. It was filed by the in-house counsel at the Beacon Center of Tennessee.

Teaching CLE on Social Media for Lawyers: Do you really want your Lawyer as a Facebook Friend?

Because I’m an expert level blogger–or, well, I am when I actually, you know, blog–I’ve been asked to teach the audio CLE seminar “Marketing Your Legal Practice: Websites, Blogs, and More,” presented by M. Lee Smith Publishers. This seminar takes place on Thursday, August 27, 2015, at 2pm CST.

Just like the title says, I’ll be talking about all the things in social media and online that lawyers need to be thinking about. Plus, if you know me, I shoot pretty straight and offer my opinions when I think certain things are a waste of time.

Tune in, follow my advice, and watch the referrals roll in. Or, maybe, watch the scam emails from fake clients roll in (watch that CLE too).

All Lawyer Jokes Aside, Lawyers are Great at Public Speaking

I attended a local comedy show called “That Time of the Month,” which featured regular people (not professional speakers or comedians) reading stories they’d prepared. The stories were funny anecdotes from their lives, read by people who may have never been on stage before in their lives. The people had typed up their stories, and, generally, read them verbatim from their text on stage.

They were introduced as “readers” to the audience, and the first two were terrified. The microphone stand was at the wrong height, the stool was awkwardly placed, and their written pages shook in their trembling hands.

It was then, watching that, that I realized how impressive a typical lawyer is at public speaking. Even a mediocre lawyer has stumbled through articulating some complex argument in front of an audience of impatient lawyers and a cranky judge. It’s not long before a skilled lawyer learns the value of a 3 second pause, a glance up at the Judge, and some well timed vocal inflection.

I remember my first ever hearing. It was in Bankruptcy Court in 1999. It was also the Bankruptcy Judge’s first hearing. It was awful. But, now, 5,000 court appearances later, it’s second nature. I make jokes. I exude confidence. Sometimes, I hope that my case is called first so that I can dazzle the lawyers stuck behind me on the docket. When I watch Saul Goodman stare into the courthouse mirror and say “It’s Showtime!” before a hearing, I see a little bit of that in my colleagues.

So, yes, being a lawyer can be fun. Of course, 99% of the time, it’s paperwork, e-mails, deadlines, and anxiety. Lawyers get made fun of a lot, and people love lawyer jokes for a reason.

But, at this comedy show, watching people who never speak in public, I realized that, yes, lawyers really are a special breed, with a special gift.

Let’s Get Political for a Moment: My Endorsements for the 2015 Nashville Elections

I stay away from politics. I make sure to always vote, but, aside from the occasional sign in my yard, I tend to read the news, pick who I think would do a good job (regardless of party affiliation), and go back home. I don’t even wear the “I Voted” sticker.

But, this year is a little different, because I personally know some candidates and really think they’d do a great job. (And, if you know me in real life, you know that I wouldn’t go to this trouble unless I was sincere.)

First Endorsement: Charles Robert Bone for Mayor. (Disclaimer: I work with CRB.) When Charles Robert first announced he was running for mayor, I hated the idea, but not for any good reason. Instead, because he’s one of the smartest, hardest working lawyers at our firm. Why should Nashville’s gain be my firm’s loss, right?

Here at the firm, when we have a complicated case that needs some strong, smart firepower, my practice group has always roped Charles Robert in. He’s a great lawyer, smart, practical, and a leader at our firm. Plus, he’s sincere, nice, and funny. He’s got a real “Nashville” vibe, and he’s the type of person I want representing my city as we make some tough decisions in the next few years. I’m voting for him.

Second endorsement: David Briley for Vice Mayor. You think you’re seeing a pattern here, don’t you? Yes, I work with David Briley. Again, if you know me, you know I don’t give compliments easily, but I think he’d be great in this position. Briley is a leader at our firm and helped guide the firm through a tough economy over the past few years–both by leading the firm through hard decisions in lean financial times and also winning really big cases.

Last year–here’s where I’m biased–he and I worked together on a case against a Fortune 100 company (and won), and I was impressed with his strategy, decorum, and intelligence. He’s a guy I want on my side.

Third endorsement: Bob Mendes for Metro Council at Large: Wow, another lawyer? You really think I’m biased now. But here’s a secret: I hate having cases with Mendes. He’s smart, analytical, and great at strategy. When I see that he’s on the other side, I know I have to bring my “A game.” That’s what he would bring to this office. He would go to sleep thinking about the city and wake up the next morning thinking about the city. He would be a great councilman.

My other endorsements: I like John Lasiter for Metro Council At Large. I think he has an interesting perspective, and he seems engaged with the city.

I also like Peter Westerholm and Anthony Davis. I’m not in either of these Metro Council Districts, but they both are smart, engaged incumbent leaders who seem to really be looking out for Nashville’s future.

Beware Email Scams Targeting Lawyers: Tune in to My CLE and Save yourself $500,000

One of the reasons I have this blog is for people like you, potential client, to find me online and hire me for your Nashville and Tennessee legal needs. I cast a wide net and hope Google notices, and so it’s no surprise when I get calls from remote parts of the country–or world–asking me for help.

Many of the inquires I receive are not relevant–people looking to me to help them stop foreclosures. Many are potential scams from fake overseas clients. What I’ve noticed in the 5 years that I’ve kept this blog is the increasing sophistication of these scam client inquiries. No longer are they in broken English and as transparent as a glass of water.

Nowadays, the scammers are pretending to be part of real companies (or elaborately created fake companies), in deals that are designed to trick and trap lawyers into falling victim and processing forged cashiers checks.

If you think this can’t happen to you, as a simple Nashville lawyer, well, I’ve got just the CLE for you.

Working with OutkickCLE (the lawyer CLE arm of the Clay Travis sports media empire), I’ve presented a course called Most Distinguished Sir or Madam: This CLE Will Make You Rich!  In the CLE, I discuss actual e-mail scam referrals that I’ve received, the red flags I’ve learned to look for in dealing with these scammer clients, and what to do when a suspicious client emails you.

It’s a fun CLE, discussing the history of these scams, but it’s also a dead serious CLE, discussing how these scammers have stepped up their game, to the point to where lawyers are increasingly falling for the tricks. This may be the most useful CLE you’ve listened to in years.

Interesting Collections Questions Raised at 2014 General Practice Summit

I presented at the Tennessee Bar Association’s 2014 General Practice Summit today. My topic was “Collection in General Sessions Court.”

I’m always curious to see what topics attract questions, as well as what parts cause the listeners to take the most notes. Today’s questions were:

  • Whether General Sessions Courts allow post-judgment asset depositions and discovery? Yes, they do, although written discovery isn’t very helpful because a judgment debtor is likely to ignore it or not understand/make a full disclosure. I prefer to obtain this information in person, in an in-office deposition.
  • Is the failure to include an Affidavit fatal to a Motion for Slow Pay in Sessions Court? Maybe, but it depends on if the Judgment Debtor has the necessary asset/liability information with them in Court. If the debtor shows up on the hearing date with the information in hand, then the Judge will likely consider it. 
  • Can a litigant remove a matter from General Sessions? Yes, pursuant to Tenn. Code Ann. 16-15-732, a party can file a Motion and Affidavit that they have a defense or claim that is so complex or expensive to present that, in the interests of justice, it should be moved to Circuit Court, where a more deliberate process controls (with discovery, pre-trial pleadings, etc.).
  • Are legal briefs allowed in Sessions Court? Yes, but the Judges may not–and probably won’t–read the briefs in advance, due to their caseload. 

This was a well-run and well-attended Session, and I’ll definitely be back to teach in the future. It will be available online for viewing, so tune in and, in the meantime, feel free to call or email me if you have special collections issues.