Remove 2014 12
article thumbnail

Court Refused to Discharge Student Loans Until Debtor Reaches 70 Years Old

ABI

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] 2] The debtor, who was highly educated and had no dependents or ailments that prevented her from working, incurred student loan debt to finance her education in public health.

article thumbnail

Credit card debt reaches a record high among U.S. consumers

Collection Industry News

Personal loans and credit card debt reached record levels in 2022 due to financial pressures brought on by high inflation and climbing interest rates, according to third-quarter data from a consumer credit reporting agency.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Debts Based on Fraudulent Misrepresentations of Fact may not be Discharged

ABI

a California bankruptcy court held that debts owed to a creditor under a loan will not be discharged if the debtor made fraudulent misrepresentations of material fact to induce the creditor into providing the loan. [4] 5] On July 23, 2014, Jonathan Mover (“Mover”) initially loaned $150,000 to Jaurigui and Swing House. [6]

Debtor 40
article thumbnail

What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

8:13-CV-00567-T-27AEP, 2014 WL 55016, at *2 (M.D. 7, 2014) (holding plaintiff was not entitled to actual damages for mental anguish because she failed to supply any competent evidence, such as medical records or expert testimony, that would support her claim). 3:13-CV-163-J-39PDB, 2014 WL 2987702, at *2 (M.D. July 2, 2014).

article thumbnail

Timing is Everything: 11th Circuit Finds Loss Mitigation Application Untimely

Consumer Financial Services Law

Ocwen Loan Servicing, the court considered whether the mortgage servicer had an obligation to evaluate a loss mitigation application when, at the time the completed application was submitted, a foreclosure sale was scheduled to occur in two days. Ocwen Loan Servicing, 2016 U.S. 12 CR 1024.41(c)(1). Specifically, 12 CFR 1024.21(b)(3)

article thumbnail

District Courts Consider Allegations of Inaccurate Reporting under FCRA for Past Due Payment Ratings in Metro 2

Burr Forman

29, 2006), the plaintiff had made multiple late payments on her car loan before paying the loan off entirely. 12-6238 (PGH) (LHG), 2014 WL 647970 (D.N.J. In Moulton v. Americredit Financial Services, Inc. , C 04-02485 JW, 2006 WL 8459731 (N.D. Moulton , at *1. Barclays Bank Delaware , No. JPMorgan Chase Bank, N.A. ,

article thumbnail

New CFPB Consent Decree May Highlight Loss Mitigation Issues for 2021

Collection Industry News

The lengthy consent decree covers loss mitigation conduct from 2014 through 2018, years in the past. 12 C.F.R. §§ 1024.41(b)(2)(i)(B), 12 C.F.R. §§ 1024.41(b)(2)(i)(B), implement procedures to ensure that before a foreclosure action is taken it is permitted under Regulation X, 12 C.F.R. b)(2)(i)(B). b)(2)(ii).