Fourth Circuit Weights in on the Time Barred Proof of Claim Debate
Consumer Financial Services Law
AUGUST 31, 2016
Keys to the Decision. The opinion is important for a number of reasons.
Consumer Financial Services Law
AUGUST 31, 2016
Keys to the Decision. The opinion is important for a number of reasons.
Consumer Financial Services Law
MAY 16, 2017
Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Additionally, the Court determined that the Bankruptcy Code’s provisions make clear that the running of a limitations period is an affirmative defense, “a defense that the debtor is to assert after a creditor makes a “claim.”
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Consumer Financial Services Law
JANUARY 22, 2021
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. The case, City of Chicago v. Fulton, No.
Consumer Financial Services Law
JANUARY 31, 2020
After repossession, Denby-Peterson filed an emergency Chapter 13 Bankruptcy petition in the Bankruptcy Court for the District of New Jersey. Section 542 provides that an entity in possession, custody, or control of property of the debtor “shall deliver” the property to the bankruptcy trustee.
BN Lawyers
JANUARY 14, 2019
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. The Court of Appeals held that this publication of notice “qualifies under the FDCPA as an ‘initial communication’ with the debtor.”.
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