Troutman Sanders

MAY 2, 2022

District for the Southern District of New York Judge Mary Kay Vyskocil issued an order , enjoining three named sheriffs in New York from enforcing the recently enacted New York Fair Consumer Judgment Interest Act (Act) on a retroactive basis and directs the plaintiffs to deliver notice of the same to all 62 sheriffs located within the state.

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Troutman Sanders

JULY 23, 2021

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In Klein v. In its holding, the court emphasized that, pursuant to the holding in Avila v.

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Collection Industry News

JULY 27, 2021

The industry trade teams challenging the CFPB’s rule that is final Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed a movement for summary judgment. The plaintiffs argue that the payments provisions should be held unlawful and set aside for the following reasons in their summary judgment motion.

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Troutman Sanders

JANUARY 11, 2021

The Seventh Circuit held that for a concrete injury to result from the dunning letter’s exclusion of a statement about accruing interest, the exclusion must have detrimentally affected the Spuhlers handling of their debts. In Brunett v. Convergent Outsourcing, Inc. Thrasher, Buschmann & Voelkel, P.C.

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Troutman Sanders

SEPTEMBER 6, 2023

In a subsequent letter, the agency stated that the principal was accruing interest at the rate of 12%, which was followed by an email stating that the rate was 8%, which was followed by another letter stating that the rate was again 12%. A number of communications also included conflicting interest calculations.

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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] 7] Generally, under the Bankruptcy Code, once a debtor files for bankruptcy, an unsecured claim no longer accrues interest. [8]

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Jimerson Firm

MARCH 19, 2021

After providing notice, the Secretary has the option to pay the unpaid balance plus accrued interest and receive an assignment of the loan. A Proper Final Judgment of Foreclosure: Form 1.996(a). How to Get a Deficiency Judgment After a Foreclosure Sale. Title 38 C.F.R. Filing a Foreclosure Lawsuit?

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