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Judge Denies Defendant’s Motion in FDCPA Bankruptcy Case

Account Recovery

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 the individual had a pending bankruptcy petition.

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Judge Denies Competing Summary Judgment Motions in FDCPA Case Over BK

Account Recovery

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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Judge Grants MSJ for Defense in FDCPA Case Because Plaintiff Didn’t Disclose Suit in BK Filing

Account Recovery

A District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case because the plaintiff failed to disclose this suit when she filed for bankruptcy protection. […]

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Judge Rules for Defendant in Third-Party Disclosure Case

Account Recovery

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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Daily Digest – October 26. Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name

Account Recovery

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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Judge Partially Grants MSJ For Defendant in FDCPA Case Over BK Filing

Account Recovery

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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What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

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?