Account Recovery

SEPTEMBER 23, 2024

In 2012, the primary borrower filed for Chapter 13 bankruptcy protection, listing the defendant trusts as creditors for the student loans. The bankruptcy plan was confirmed, and the trusts filed proofs of claims which were not objected to by the plaintiffs.

Student loans 130

Student loans Student Loans Chapter 13 bankruptcy Loans 130

Sawin & Shea

AUGUST 24, 2020

Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. What Do the Various Kinds of Bankruptcy Entail? There are many intricacies that set Chapter 7 and Chapter 13 Bankruptcy apart. What does each one mean?

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debt collector 98

National Service Bureau

JULY 1, 2015

The Eleventh Circuit Court of Appeals held last year to broaden the scope of the ‘least sophisticated’ standard when considering FDCPA (Fair Debt Collection Practices Act) violations. This change can have far-ranging effects for debt buyers and debt collectors alike.

Chapter 13 bankruptcy 40

Chapter 13 bankruptcy Collections Debtor Debt collector 40

Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland Funding, LLC, a debt buyer, filed a proof of claim which disclosed on its face that the claim was barred by the applicable statute of limitations, listing the date of last transaction as May 2003.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Creditors Debtor 40

Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

Collection Industry News

SEPTEMBER 23, 2020

And debt buyers often lack the necessary documentation to prove either that they have the right to pursue the claim or that the amount owed is accurate. If a debt buyer or collection agency has violated a consumer protection statute such as the Fair Debt Collection Practices Act (FDCPA)–and they often do–that provides leverage to fight back.

Collections 40

Collections Debt collector Chapter 13 bankruptcy Chapter 7 bankruptcy 40