A case involving a client of Rashad Blossom saw the United States Supreme Court get involved. To skip ahead to the conclusion, the Supreme Court made it more difficult for third-party defendants to have cases removed from state courts to federal courts.
Rashad Blossom represents Mr. Jackson, a North Carolina consumer who filed a putative class action lawsuit in state court against American hardware titan, The Home Depot, and a related defendant, Carolina Water Systems. Home Depot, after being served with the complaint, removed the lawsuit from state court to federal court, which it believed would strengthen its odds of a victory in the courtroom. The federal district court, however, sent the case back to the North Carolina state court, where it decided the case belongs. Home Depot disagreed with the federal court’s decision, appealed to the federal Fourth Circuit Court of Appeals, and eventually convinced the U.S. Supreme Court to hear its argument that “any” defendant can have a case removed from state court to federal court.
However, the Supreme Court, through Justice Clarence Thomas’s majority 5-4 opinion on May 28, 2019, affirmed the federal court’s decision. In other words, the lower federal courts got it right. The case belonged in state court. The Supreme Court relied on the plain meaning of the applicable statutes, which do not expressly provide for removal by third-party defendants, and held that only “any” original defendants can remove.
The problem for Home Depot is that it was not an original defendant. It was a third-party defendant. The only original defendant was Mr. Jackson because Citibank initially sued him in state court to collect on the debt that he incurred to purchase a home water filtration system from Home Depot and Carolina Water Systems. Upon being sued on the debt, Mr. Jackson merely filed third-party lawsuits against Home Depot and Carolina Water Systems, alleging that they, through a fraudulent referral scheme, swindled him into buying a $9,000 filtration system in the first instance.
Class actions are normally initiated by plaintiffs, not by someone like Mr. Jackson who was the initial defendant in this case and who then became a third-party plaintiff upon suing Home Depot and Carolina Water Systems. In that respect, Mr. Jackson’s case is rather unusual.
Nonetheless, Rashad Blossom was encouraged by the decision, considered it a huge victory and believed it helped shed clarity on a common misconception. He explained, saying, “there is a misconception that state courts are plaintiff friendly and that is totally unfounded, especially in North Carolina. It does not have a reputation of having jackpot juries or as being a plaintiff-oriented state.” Blossom further stated, “the Supreme Court’s ruling will help change that perception. It appears that the Supreme Court is convinced that state courts, in general, and North Carolina state courts, in particular, are fully capable of administering justice and deciding cases fairly.”
In other Supreme Court class action cases this year, the Court denied certiorari in an attack on cy pres settlements in Frank v. Gaos and did not allow the use of equitable tolling to excuse the failure to file a Rule 23(f) appeal within fourteen days in Neutraceutical Corp. v. Lambert.
Bankrupt: It truly sounds worse than it is. In fact, individuals or companies considering making this filing will quickly see that the decision to do so lifts a burden so heavy that they thought there was no escaping. Those currently facing the crushing weight of past-due bills and debt collectors coming after resources that simply aren’t there feels like a vicious cycle. Rashad Blossom, whose Charlotte, North Carolina-based law firm has helped countless individuals facing the above problems, knows that there’s always hope on the horizon. When you choose to work with Mr. Blossom, he’ll help you reach that horizon.
USA Today reports that medical debt is the no. 1 reason why Americans decide to file for bankruptcy. According to the article, “20 percent of Americans under 65 with health insurance had trouble paying their medical bills” during 2016. What’s more, roughly half of those people had burned up their savings and took on “an extra job to cover their costs.” There are other ways out of debt, according to Rashad Blossom, and actual testimonials from clients will prove this to be the case.
“Honest, Detailed and Concerned”: “He answered all my questions and eased my concerns. I never had to leave him messages and wait for a long time to hear from him. … If you want a lawyer that is professional, honest, detailed and concerned for your case then he’s the lawyer for you,” Tiffany, a former client of Mr. Blossom’s, wrote in her positive testimonial of his services.
“Returned Calls Promptly”: “The firm is very understandable and treated me with respect during this difficult decision. Service did not end once the initial process was completed. The firm remained responsive as issues arose and [Rashad Blossom] always returned calls promptly. I sincerely recommend the firm for anyone facing this type of decision.”
“No More Tax Debt”: “After being hounded for state taxes, I went to see Mr. Blossom. He took care of everything, and I now have no more tax debt. He was the best to deal with! Thank you, Mr. Blossom!,” Martha, a former client, wrote in her testimonial about her experiences.
As you can see from these actual testimonials, Rashad Blossom’s experience in the world of debt and bankruptcy means that he can deliver the results many thought were impossible. His desire to deliver these services stem from an upbringing that included hard-working parents who still struggled to make ends meet. If that sounds like your current situation, why not retain an attorney who knows where you’re coming from?
A reverse mortgage can prove to be an economic lifeline to those in troubled financial waters. When someone promises to throw out that lifeline, but instead reels it in and walks away, homeowners are left floundering. That’s exactly what happened when a Chicago, Illinois mortgage originator allegedly made off with about $7 million in loans from six different lenders. This situation, according to bankruptcy attorney Rashad Blossom, is a tragedy for the victims – many of whom were left facing foreclosure.
According to an April 2019 article from HousingWire.com, “elderly homeowners” from “125 African American families” were victimized in the scam that allegedly saw Mark Steven Diamond take out “reverse mortgages without their knowledge” or misrepresent “the terms of the loan in order to convince them to get one.” Previous reports indicate that the individuals allegedly targeted by Diamond were anywhere from 62 to 97 years old and they were singled out “based on how much equity they had in their homes and whether they were financially sophisticated or not.”
Further complicating this situation is that the homeowners who’ve sought legal protection in the wake of the scam had to file suit against Reverse Mortgage Solutions, which, along with its parent company, Ditech Holding Corporation, are currently in bankruptcy. Ditech/Reverse Mortgage Solutions, according to another HousingWire.com article, has encountered many problems servicing its reverse mortgage loans, and it is mulling selling off some or all assets.
One legal office working to represent these 125 families is working to argue in court that the victims of fraud need to have their concerns addressed in the companies’ bankruptcy case and that “consumers may be without recourse to appropriately address these errors” should this fail to happen. A committee of creditors has thus been established to help the reverse mortgage borrowers as they battle default and other economic woes of their own. This could be a lose-lose situation for those who initially trusted the Chicago-based mortgage originator, and is worrisome to Rashad Blossom.
As an attorney who assists consumers in fighting off foreclosure and with more than a decade of experience in this sector, Rashad Blossom often helps his clients to avoid losing their homes. He’s closely following this case for these reasons and hopes for a positive outcome for the affected consumers despite the bankruptcy cases of Ditech and Reverse Mortgage Solutions. “We just want to make sure that the bankruptcy does not do anything that negatively impacts consumer rights,” J. Samuel Tenenbaum, Northwestern’s Complex Civil Litigation and Investor Protection Center director, told HousingWire.com.
An experienced and respected bankruptcy lawyer, Rashad Blossom has helped many people to file for bankruptcy as well as offering valuable advice to many others. Many people who are in dire straits in terms of their finances are nervous about the thought of bankruptcy. This is because there used to be such a stigma attached to it.
Over recent years, however, many people have found themselves in a position where they are struggling with debt. This can have a serious impact on their health, work, finances, and quality of life. Rashad Blossom has helped many people who are in this situation, making the process of dealing with bankruptcy far less stressful and far more manageable.
Rashad Blossom: How Bankruptcy Can Actually Help You
For those who are nervous about bankruptcy, it is important not to focus on the stigma attached to this process. The aim should be to look at the long-term picture and for those who have experienced serious financial losses bankruptcy could be the most effective solution. With all cases, Rashad Blossom assesses the circumstances of the person to determine whether bankruptcy is, in fact, the most appropriate solution or whether there are other options available.
If you are an ideal candidate for bankruptcy, you can enlist the help of Mr. Blossom, and once the process has been started, you can benefit in several ways. Some of the key benefits that bankruptcy can offer include:
According to Rashad Blossom these are just some of the key benefits that come from filing for bankruptcy if you have serious debt problems. Of course, there are other options that may be suited to different needs and circumstances, which is something that you can discuss when you consult a legal expert.
Whatever You Do, Consult an Experienced Expert First
Your friends and family mean well, but when past-due notices a piling up and creditors are threatening to sue, you need professional assistance. For those who feel that bankruptcy may be a viable solution for them, it is important to seek legal advice from a real expert. This will enable you to explain your financial situation and circumstances so that a specialist bankruptcy lawyer like Rashad Blossom can determine whether bankruptcy is the best solution for you.
If it is the right move, you will benefit from comprehensive legal support, advice, and assistance every step of the way. This can help to make the whole situation far less of a strain and it means you can be sure everything is done by the book. If you find yourself unable to get out from under mounting financial obligations no matter how hard you work at it, it may be time to call in some help.