article thumbnail

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.

article thumbnail

New Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

A bill has been signed into law in Arizona that raises the homestead exemption on judgments to $250,000 from $150,000, but has “gutted the protections” that were previously included in the state, according to one bankruptcy attorney, because the law now allows any judgment to be attached to a home and allows judgments to be … The (..)

Judgment 173
Insiders

Sign Up for our Newsletter

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

article thumbnail

Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

Troutman Sanders

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

article thumbnail

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 […] (..)

Judgment 147
article thumbnail

Does Bankruptcy Clear Lawsuit Debt?

Sawin & Shea

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt?

article thumbnail

Barron & Newburger Vacates Judgment Against Receiver Based on Barton Doctrine

BN Lawyers

District Court for the Southern District of Texas which vacated a judgment entered by the U.S. Bankruptcy Court against a State Court Receiver. The District Court found that the Bankruptcy Court lacked jurisdiction under the Barton Doctrine and ordered the underlying case dismissed. Sather obtained an order from the U.S.

article thumbnail

Discharge in Bankruptcy – Bankruptcy Basics

Sawin & Shea

What is Bankruptcy? Bankruptcy is an opportunity for someone to forge their way through what seems like an impossible debt-ridden situation and come out the other side. Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. Which Debts Cannot be Discharged in Bankruptcy?