Account Recovery

DECEMBER 11, 2020

Judge Grants MTD in FDCPA Case; Bankruptcy Overhaul Bill Introduced appeared first on AccountsRecovery.net.

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Bankruptcy Fair Debt Collection Creditors Collections 147

Account Recovery

JULY 24, 2023

A District Court judge in Pennsylvania — at the behest of the Court of Appeals for the Third Circuit — has ruled a plaintiff has standing to pursue a Fair Debt Collection Practices Act case against a collector, determining that feeling “overwhelmed” and making the decision to file for bankruptcy protection, and has allowed the (..)

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Account Recovery

JULY 17, 2023

The Court of Appeals for the Ninth Circuit has partially affirmed the dismissal of a Fair Debt Collection Practices Act case — determining that an individual who has had loans discharged in bankruptcy cannot subsequently accuse a collector of violating the statute — but also reversed the dismissal of claims based on the FDCPA’s one-year (..)

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Account Recovery

JULY 14, 2023

The Consumer Financial Protection Bureau, in conjunction with 11 different state attorneys general and regulators yesterday filed suit against Prehired, a vocational training program, for violating the Fair Debt Collection Practices Act among other laws.

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Fair Debt Collection Collections Bankruptcy 130

Account Recovery

OCTOBER 12, 2021

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)

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Law Firms Fair Debt Collection Bankruptcy Creditors 242

Account Recovery

AUGUST 27, 2021

It might not be a Hunstein case, but a District Court judge in Missouri has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by disclosing the existence of a debt to a third party — in this case a bankruptcy attorney … The post Judge Rules for (..)

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Account Recovery

OCTOBER 12, 2021

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, (..)

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Account Recovery

OCTOBER 26, 2021

JUDGE DENIES DEFENDANT’S MOTION IN FDCPA BANKRUPTCY CASE A District Court judge in Florida has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case for allegedly disregarded cease-and-desist letters sent by an individual after receiving text messages and collection letters from the defendant while (..)

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Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

JUNE 8, 2021

A Magistrate Court judge in Indiana has partially granted a defendant’s motion for summary judgment, but denied other claims it violated the Fair Debt Collection Practices Act by sending a collection letter to individuals who had filed for bankruptcy protection and had requested that the defendant stop communicating with them.

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Fair Debt Collection Bankruptcy Judgment Collections 243

Sawin & Shea

SEPTEMBER 27, 2023

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. What is Chapter 7 Bankruptcy?

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Account Recovery

AUGUST 14, 2020

A District Court judge in Florida has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it lumped the principal, interest, fees, and expenses it was owed into one amount when filing a proof of claim after the plaintiff filed for bankruptcy protection.

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Account Recovery

APRIL 27, 2023

The Court of Appeals for the Seventh Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, but one of the three judges wrote a dissenting opinion arguing that receiving collection letters from the defendant after having the debt discharged in bankruptcy is enough for … The (..)

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Fair Debt Collection Bankruptcy Collections 130

Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Student loans Student Loans Loans Fair Debt Collection 130

Sawin & Shea

FEBRUARY 1, 2023

The time period leading up to filing for bankruptcy is extremely stressful, as you know. Who knows how to get debt collectors to stop calling after bankruptcy? How long after filing for bankruptcy do collectors keep calling? You may be hearing from creditors who will not be affected by your bankruptcy.

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Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. CICA Collection Agency, Inc. , In Carrasquillo v.

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Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

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Judgment Fair Debt Collection Collections Bankruptcy 147

Debt Free Colorado

FEBRUARY 21, 2022

Debt Relief Attorney Serving Colorado. Bankruptcy may appear to be a scary process, but it does not have to be. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. Does Colorado Law Protect Me From Debt Collectors?

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Troutman Sanders

JANUARY 22, 2024

Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

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Debt collector Bankruptcy Debtor Fair Debt Collection 52

Roths Child Law

NOVEMBER 7, 2020

Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt.

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Third-party Debt Collectors Debt collector Collections Fair Debt Collection 98

Credit Corp

FEBRUARY 23, 2024

We’ll also arm you with tools like Credit.com’s free credit report card to stave off the next wave of debt-related threats. Key Takeaways: Zombie debt arises based on collection agencies. It may be possible to settle zombie debt with your original creditor. How Does Zombie Debt Work?

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Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

Sawin & Shea

JUNE 25, 2020

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. However, after you file for bankruptcy, your creditors must halt all contact and stop trying to collect payments from you. If I Filed for Bankruptcy but a Creditor Keeps Contacting Me, Now What?

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Creditors Bankruptcy Fair Debt Collection Debtor 119

Sawin & Shea

MARCH 16, 2021

Debt collection agencies can’t wait for the new rules to go into effect later this year. Many debt collectors already push the boundaries of what’s allowed, contacting people relentlessly and sometimes violating the Fair Debt Collection Practices Act (FDCPA). Stop Debt Collection Efforts with Bankruptcy.

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Debt collector Bankruptcy Creditors Fair Debt Collection 98

Nexa Collect

JUNE 23, 2023

Seeking Legal Advice or Help : A collection letter may prompt some debtors to seek advice from a lawyer or a credit counseling service. They may also look into options like debt consolidation or bankruptcy. It may cause tension or conflict, especially if the debtor needs to rely on others for financial support.

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Collection Agencies Collections Agency Debtor Collections 100

Sawin & Shea

AUGUST 24, 2020

If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Credit counseling and debt management agencies may be able to assist you as you work, but with so many untrustworthy schemes out there, how do you know what the right step should be?

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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BN Lawyers

APRIL 30, 2019

Debtors who have filed for bankruptcy and received their Discharge often continue to receive collection letters and phone calls from their creditors. Some creditors even go so far as to sue on these discharged debts or garnish wages and bank accounts. What is the Bankruptcy Discharge?

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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. Crawford v. LVNV Funding, LLC , 758 F.3d 3d 1254 (11 th Circ. Travelers Cas. & Gas & Elec. 443 (2007).

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Consumer Financial Services Law

MAY 12, 2017

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7. Jeziorowski v. Jeziorowski v. Credit Prot. LEXIS 66084 (W.D.N.Y.

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Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003. Midland Funding, LLC, 528 B.R.

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Troutman Sanders

JANUARY 12, 2023

certified in writing or in Forster & Garbus’ computerized account management system, or any other software program that creates an electronic record, that the initiation of the collections suit complies with the requirements of the proposed order.

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Collection Industry News

APRIL 25, 2023

This may also vary depending, for instance, on the: Type of debt State where you live State law named in your credit agreement If you’re sued by a debt collector and the debt is too old, you may have a defense to the lawsuit. When does the statute of limitations period begin?

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Troutman Sanders

MAY 4, 2021

Topics include Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act(FDCPA), Telephone Consumer Protection Act (TCPA), Key State Law Trends, Bankruptcy and Fair Lending. This track features an overview and update on the latest cases impacting mortgage compliance issues.

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Fair Debt Collection Bankruptcy Collections 52

Sawin & Shea

JULY 20, 2022

The majority of lawyers who collect debts on behalf of their clients are also considered “debt collectors” under federal law. In this blog, we discuss what debt collectors in Indiana can and cannot do according to the law. When Are Debts Covered By the Law? Call us today!

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Troutman Sanders

DECEMBER 18, 2023

(Commonwealth) in its lawsuit over alleged illegal debt collection practices. Specifically, the CFPB alleged that Commonwealth failed to conduct reasonable investigations of disputes and violated the Fair Debt Collection Practices Act (FDCPA) by attempting to collect disputed debt without obtaining substantiating documentation.

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Debt collector Collections Fair Debt Collection Debtor 52

Troutman Sanders

MARCH 26, 2021

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. The plaintiff filed a lawsuit against the defendant in the U.S. 1692, et seq.

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Chapter 7 bankruptcy Bankruptcy Fair Debt Collection Judgment 52

Credit Corp

JUNE 14, 2020

Obviously, zombie debt collectors aren’t always playing by the same rules as others, though. Make sure you understand your rights under the Fair Debt Collection Practices Act. Bankruptcy converts all debts covered under the plan into secure and nonsecure debts. Get Help Dealing With Zombie Debt.

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Troutman Sanders

JULY 17, 2023

According to the FTC, the agency is empowered to enforce the provisions of the GLBA “in the same manner and with the same power and authority as the [FTC] has under the Fair Debt Collections Practices Act [FDCPA] ….” In Celsius’ bankruptcy proceeding, the FTC has filed a nondischargeable, general unsecured claim of $4.72

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