ABI

JANUARY 22, 2023

the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] filed for chapter 11 bankruptcy due to the potential liabilities they were facing following the California wildfires. [2] at *8 (citing 11 U.S.C.

Debtor 40

Debtor Bankruptcy Creditors Unsecured Creditor 40

FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Although the trial court felt this was only a “ de minimus ” violation of section 1692e(11), it entered judgment in favor of Davis.

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

FDCPA Defense

FEBRUARY 1, 2018

Duty to disclose accruing interest, fees or other charges A significant recent trend in FDCPA case law involves courts that have imposed new disclosure obligations that are not found in the plain language of the Act. Ocwen Loan Servicing, LLC , 2015 WL 11256663, *6 (D. AOAO of Lihue Townhouse, 2013 WL 139058, at *5 (D.

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40