Account Recovery

MAY 8, 2025

The South Carolina Supreme Court has changed its mind and will not issue a ruling in a case over whether a debt collector is required to send a right-to-cure notice to a consumer under state law before filing a lawsuit to collect on an unpaid debt. But the Appeals Court disagreed.

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Account Recovery

JULY 23, 2021

More proof that there is plenty of interest from investors in the accounts receivable management industry came yesterday, in the form of a $12 million Series A funding announcement from Prodigal, a technology company that provides an automation platform for debt buyers, debt collectors, and creditors rights law firms.

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The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. A debt collector who violates these proscriptions faces civil liability to the debtor. Crawford v.

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FDCPA Defense

APRIL 17, 2019

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. 1692, et seq.

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Sawin & Shea

NOVEMBER 15, 2023

One of the benefits of declaring bankruptcy is that debt collectors cannot try to collect on debts that were discharged in bankruptcy. Secured Debt Secured debt would include things like: House mortgages Car/vehicle loans Some taxes Loans for furniture/appliances/large electronics Which type of debt is most often secured?

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Consumer Financial Services Law

APRIL 10, 2018

Choe The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. Choe is an attorney practicing in Smith Debnam's Creditors’ Rights and Collections Practice Group. By: Hannah D. Trauner, Cohen & Thomas, L.L.P. , 3d 360, 363 (2d Cir.

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