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Fourth Circuit Weights in on the Time Barred Proof of Claim Debate

Consumer Financial Services Law

In reaching its conclusion, the court was persuaded by several of the points articulated by other courts over the past two years: · In Maryland, the state where the bankruptcy was pending, the statute of limitations does not extinguish the debt. It simply limits the avenues of recourse. ·

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Supreme Court Reverses Bankruptcy Proof of Claim Case

Consumer Financial Services Law

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland moved to dismiss asserting that Johnson’s FDCPA claims were precluded by the Bankruptcy Code. The majority opinion was authored by Justice Breyer. Johnson, 823 F.3d 3d at 1341.

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Deepening Circuit Split, Third Circuit Holds that Items Seized Pre-Petition Did Not Violate Automatic Stay

Consumer Financial Services Law

2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does not violate 11 U.S.C. § The Facts As the Third Circuit explained, “the center of this bankruptcy appeal is “‘America’s first sports car’: The Chevrolet Corvette.” 3d 115 (3rd Cir. any act to.

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Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

Consumer Financial Services Law

19-357, resolves this split in favor of the creditor. Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines.

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Sixth Circuit Decision Highlights the Risk of Initiating Collection Remedies During the FDCPA’s Validation Period

BN Lawyers

Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. Both the text of the FDCPA and the applicable case law make it clear that Section 1692g does not provide a grace period.