ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may be discharged of his or her debts. [1] 5] On July 23, 2014, Jonathan Mover (“Mover”) initially loaned $150,000 to Jaurigui and Swing House. [6] 18] [1] See 11 U.S.C.A. §

Debtor 40

Debtor Bankruptcy Creditors Loans 40

ABI

JANUARY 19, 2024

6] In March 2014, Bruce then moved to reopen her Chapter 7 case. 11] Hence, the Second Circuit affirmed the denial of Citi’s motion to dismiss Bruce’s claim for civil contempt. 2023); 11 U.S.C. § 5] Bruce notified Citi of the error. Citi refused, however, to remove the charge-off notation. [6] 1] Bruce v. Citigroup Inc.,

Debtor 40

Debtor Creditors Bankruptcy Collections 40

Troutman Sanders

MAY 12, 2022

On May 11, the Senate voted 51-50 to confirm Alvaro Bedoya as a member of the Federal Trade Commission (FTC), requiring Vice President Kamala Harris to cast the tie-breaking vote. Bedoya gives Democrats a 3-2 majority at the consumer protection agency. Bedoya’s confirmation was not a sure thing.

Trade 52

Trade Financial services 52

Troutman Sanders

JANUARY 12, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices.

Law Firms 52

Law Firms Judgment Fair Debt Collection Bankruptcy 52

UK debt collections

JUNE 8, 2021

Monument Management Ltd was wound up in 2014 and then the Insolvency service began a criminal investigation into the conduct of Mr Smee. This was a blatant breach of his 11 year director disqualification order and fuelled another criminal inquiry. He also ran a debt collection agency called Falcon Management Ltd.

Collection Agencies 59

Collection Agencies Collections Agency Collections Debt collector 59

ABI

JANUARY 12, 2022

In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 11] This test seeks to determine whether the debtor can “‘now and in the foreseeable future maintain a reasonable, minimal standard of living. By: Joseph Wales.

Student loans 40

Student loans Student Loans Debtor Loans 40

Fico Collections

MARCH 28, 2023

Stephanie joined FICO in 2014, recently serving as executive vice president of sales and marketing. This year, we will again have a Women in Leadership program at FICO World , which will be held May 16-19 in Hollywood, Florida. Join us there! Stephanie Covert Stephanie Covert serves as FICO’s executive vice president of software.

Financial services 52

Financial services 52

ABI

JANUARY 13, 2021

7] However, before the receiver obtained the money to implement its plan, the Debtor filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the United States Bankruptcy Court for the Central District of California. [8] 10] 11 U.S.C. 12] See 11 U.S.C.

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 12, 2020

11] However, the receiver and receivership court do not exercise unlimited power in determining the appropriate relief. [12] 3:09-CV-0724-N, 2014 WL 12654910 (N.D. 11] See id. 1] See SEC v. 2012), aff’d , 530 F.App’x 360 (5th Cir. 9] See Stanford Int’l Bank, Ltd., 3d at 842. [10] 10] See id. at 841 (quoting Janvey v. 13] See id.

Banks 40

Banks Bankruptcy Debtor Judgment 40

Consumer Financial Services Law

OCTOBER 25, 2016

LEXIS 18264 (11 th Cir. The foreclosure sale in this matter was originally scheduled to occur January 29, 2014. On January 9, 2014, the servicer acknowledged receipt and advised that they would notify the borrowers if they needed additional information. Ocwen Loan Servicing, 2016 U.S.

Foreclosure 40

Foreclosure Loans 40

Burr Forman

NOVEMBER 16, 2021

Under the Affordable Care Act, states and participating hospitals have been facing DSH cuts since FFY 2014, but Congress has delayed implementation of the cuts several times (presently through FFY 2024). Reprinted with permission from Birmingham Medical News (Published November 11, 2021). Coronavirus Resource Center.

Healthcare 59

Healthcare Government 59

Jimerson Firm

FEBRUARY 10, 2022

a United States District Court in the 11 th Circuit analyzed the issue of whether a creditor’s issuance of a 1099-C extinguishes or cancels a debt. 1:11–cv–72, 2012 WL 1098619, at *7 (W.D.N.C. A majority of courts have held that the issuance of a 1099-C does not automatically discharge a debt or prohibit future collection activities.

Lender 98

Lender Credit Unions Credit Unions Collections 98

ABI

JANUARY 20, 2020

In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 10] Parkland failed to respond to these requests. [11] 3] See id. [4]

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

ABI

JANUARY 13, 2022

5]. In 2014, the Bureau commenced an action against Consumer First alleging that “while providing mortgage-assistance relief services to more than 6,000 customers across 39 states, Consumer First violated Regulation O,” and was not otherwise exempt because the firm did not provide assistance as a part of practicing law. [6]

Retrieval 40

Retrieval Lender Judgment Lawyers 40

Collection Industry News

AUGUST 23, 2022

3 In the August 11 circular, the CFPB asserts that information security programs are also subject to CFPB oversight, as maintaining adequate consumer data protections would be required to comply with the CFPA’s prohibition on unfair, deceptive, or abusive acts or practices (UDAAP). Dionne , 22 August 2022. Neovi, Inc. , 2d 1104 (S.D.

Financial Institution 40

Financial Institution Trade Collections Financial services 40

Public Citizen

MARCH 15, 2022

The analysis of more than 300,000 consumer and employment arbitration and court claims from 2014-2021 was conducted by ndp analytics, a Washington-based strategic economic and communication research firm.     Employees were more likely to win in arbitration (almost 38 percent) than in court (almost 11 percent).?? 

Lawyers 45

Lawyers 45

Jimerson Firm

OCTOBER 9, 2020

In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019). In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. Local Rules.

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

Troutman Sanders

APRIL 16, 2021

” [11]. 1058 (2014). [9] Troutman Pepper’s Securities, Corporate Governance, and D&O Defense Litigation team stays current in legal and market conditions to provide our clients the most relevant and timely counsel available. Jones & Co., 3d 692, 697. [2] at 702, quoting Merrill Lynch, Pierce, Fenner & Smith Inc.

Trade 52

Trade Government Banks 52

PBWT

MARCH 23, 2021

All references to the “Code” denote the Bankruptcy Code, Title 11 of the U.S. 3] The creditors filed a petition for certiorari with the Supreme Court, and extensive briefing by the parties and several amici ensued. Fraudulent Conveyance Litigation , 946 F.3d 3d 66 (2d Cir. 2019), petition for cert. filed , No. 20-8 (July 6, 2020).

Creditors 65

Creditors Bankruptcy Debtor 65

Collection Industry News

JUNE 28, 2022

11 U.S.C. § Equity is typically defined as the fair market value of the residence less the amount of any mortgage, other consensual liens, or statutory lien (such as for real estate taxes) against the residence. 522(b)(3)(A). See generally In re BGI, Inc. , 3d 102, 107 (2d Cir.

Bankruptcy 40

Bankruptcy Judgment Creditors Collections 40

Jimerson Firm

JANUARY 17, 2023

2014) (citing St. 11, 2016) (enforcing unsigned agreement to arbitrate, where party (i) confirmed receipt of the agreement; (ii) reviewed the agreement; (iii) never objected to the arbitration provision; (iv) never mentioned any concerns with the agreement; and (v) performed under the agreement). Kolodziej v. Mason , 774 F.3d

Construction 52

Construction Creditor's Rights Government Commercial Collection 52

The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir. Crawford v. 552 (1990).

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40

Consumer Financial Services Law

JULY 21, 2021

The bankruptcy court order held mortgage servicer Newrez, LLC (“Newrez”) and the holder of the mortgage note at issue in civil contempt for failing to abide by the terms of the individual debtors’ confirmed chapter 11 plan (the “Plan”). Newrez, LLC v. Beckhart , No. 7:20-cv-00192-BO, 2021 U.S. LEXIS 125293, at *1 (E.D.N.C. July 6, 2021).

Bankruptcy 40

Bankruptcy Debtor Creditors Loans 40

FFGN COLLECT NY

JUNE 17, 2020

According to the initial filing, lawsuits by Northern Leasing in 2014 and 2015 accounted for a quarter of all lawsuits filed in New York County Civil Court. The firm and two of its attorneys were ordered to disgorge any attorney’s fees collected from defendants on behalf of Northern Leasing since April 11, 2013. Sussman, P.C.,

Judgment 52

Judgment Collections Creditors 52

Consumer Financial Services Law

FEBRUARY 7, 2017

Specifically, the documentation necessary to complete a loss mitigation application should be tailored to the consumer’s specific application and not include a generic list which may or may not take into account documentation already provided. · The Wrong Way. In some cases, the notice requested documents already received from the consumer.

Loans 40

Loans Foreclosure 40

The Creditors Rights

JULY 5, 2016

The receiver caused them to file chapter 11 petitions, and soon after the petitions were filed, sought an order from the bankruptcy court substantively consolidating the bankruptcy estates. 3d 1321 (11 th Cir. In fact, Petters used PCI and the SPEs to operate a Ponzi scheme. PCI and the SPEs were placed into receivership.

Lender 40

Lender Bankruptcy Creditors Collateral 40

FDCPA Defense

MARCH 23, 2015

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. 2014), the Court held the collector violated section 1692f(8), because the debtor’s account number was visible through the window of the envelope.

Judgment Enforcement 40

Judgment Enforcement Debtor Law Firms Debt collector 40

Troutman Sanders

FEBRUARY 13, 2024

Genesis filed for Chapter 11 protection in January 2023 with $5.1 The defendants and the CFPB jointly agreed to the dismissal of their respective appeals. The final settlement required the defendants to pay $10.9 million in consumer redress and a $1.1 million penalty. billion in debt. For more information, click here. On February 8, the U.S.

Financial services 52

Financial services Student loans Student Loans Collection Agencies 52

Troutman Sanders

MAY 2, 2023

On April 26, the CFPB published a report, examining the effects to consumer credit reports after the three nationwide consumer reporting companies removed medical collections under $500 from consumer credit reports on April 11. New York Green Bank will host a webinar on May 11, 2023 at 10:00 a.m. For more information, click here.

Financial services 52

Financial services Trade Consumer Credit Government 52

Consumer Financial Services Law

SEPTEMBER 5, 2016

Anenkova at *11. The court’s decision signals a welcome step back from other district courts’ expansion of the Third Circuit’s decision in Douglass v. Convergent Outsourcing , 765 F.3d 3d 299 (3 rd Cir. In Douglass , the Third Circuit held, without deciding if a benign language exception existed to 15 U.S.C.

Debt collector 40

Debt collector Fair Debt Collection Judgment Debtor 40

Consumer Finance Watch

JULY 22, 2020

On June 23, 2014, the originating lender, Household Finance Corporation III (“HFC”), filed a foreclosure complaint alleging a default under the note and mortgage. 90.902(11)”). Background. Before the loan was originated, HFC was purchased by HSBC Holdings (“HSBC”) and became a wholly-owned subsidiary of HSBC. .

Foreclosure 40

Foreclosure Loans Judgment Lender 40

The Creditors Rights

MARCH 15, 2016

3d 1323 (11 th Cir. .   [1] In re Shelton , 735 F.3d 3d 747 (8 th Cir. 2] In re Hamlett , 322 F.3d 3d 342 (4 th Cir. 3] In re Tarnow , 749 F.2d 2d 464 (7 th Cir. 4] In re Scantling , 754 F.3d 5] In re Davis , 716 F.3d 3d 331 (4 th Cir.

Debtor 40

Debtor Secured Creditor Creditors Bankruptcy 40

Collection Industry News

DECEMBER 21, 2020

A property management and debt collection company received the debtor’s HOA arrearage payments through the bankruptcy plan and advised the bankruptcy trustee in March 2014 that the debt was “paid in full,” despite the amount paid being less than the amount stated in the HOA’s proof of claim.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

FDCPA Defense

FEBRUARY 1, 2018

2014 WL 2014 WL 7785745, at *6 (C.D. 18, 2014) (applying Slenk ; fact issue of whether homeowner assessments qualified as “debts” when “evidence relating to plaintiff’s intent” was “not completely clear” because record did not show if plaintiff resided in, or rented, condo during entire seven years she owned it). ALS Lien Servs.,

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

Credit Corp

AUGUST 6, 2021

Glassdoor reports that partners typically earn $11 an hour. Building the best business with thousands of taxis, Uber launched Uber Eats in 2014. Currently, more than 500,000 restaurants are registered on the Eats platform. These are both small coffee shops and brands such as McDonald’s. Specificity of Pricing.

Startups 98

Startups Construction Trade Banks 98

FDCPA Defense

JANUARY 22, 2017

JQD, LLC , 2014 WL 3404945 (N.D. July 11, 2014) (denying motion to dismiss FDCPA class action complaint; defendant sent letters to class seeking to collect late fees and threatening foreclosure allegedly in violation of California law); McCarter v. Weinstein, Pinson & Riley, P.S., _F.3d_, 3d_, 2016 WL 4651403 (7th Cir.

Collections 40

Collections Judgment Creditors Law Firms 40

Credit Corp

JUNE 23, 2021

It encompasses the Great Recession of 2008-2009, the oil industry downturn of 2014-2016, and the coronavirus pandemic of 2020. Enterprise Products also owns 21 natural gas processing facilities, 25 fractionators, 11 condensate distillation facilities, and 19 deep-water docks. It’s a notable streak.

Construction 59

Construction Consolidate Debt 59