Remove Collections Remove Financial services Remove Unsecured Creditor
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$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

In practice, the court’s ruling relegates Earn Account holders to the class of “unsecured creditors,” and their ability to recover their losses depends on two circumstances: (1) priority of distributions to unsecured creditors under a confirmed Chapter 11 bankruptcy plan and (2) the liquidity of the bankruptcy estate.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On October 30, the FTC announced that it had banned the owner of a small business funding company from both the merchant cash advance and debt collection industries. The company expects to have sufficient funds to fully repay unsecured creditors. Bittrex had previously paid more than $29 million in fines for alleged U.S.