Remove Chapter 13 bankruptcy Remove Debtor Remove Financial services
article thumbnail

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

Consumer Financial Services Law

Keys to the Decision. The opinion is important for a number of reasons.

article thumbnail

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. 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.”

Insiders

Sign Up for our Newsletter

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

article thumbnail

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

Consumer Financial Services Law

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.

article thumbnail

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

Consumer Financial Services Law

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.

article thumbnail

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. The Court of Appeals held that this publication of notice “qualifies under the FDCPA as an ‘initial communication’ with the debtor.”.