ABI

JANUARY 13, 2021

the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] 2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3] 2] However, in 2016, the City of Dana Point alerted Debtor to several municipal violations. [3]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 20, 2020

In a debtor/creditor relationship, a debtor may explicitly, or implicitly, waive their rights. 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).” [3] 2] The judgments were then recorded as judgment liens on property owned by the Debtor (the “Artesian Property”).”

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

ABI

JANUARY 12, 2020

Kaleta , where the court enjoined investors defrauded by a debtor from attacking insurance proceeds, the Receiver contended that the district court had authority to approve the settlement and issue orders barring claims against the Underwriters and the receivership estate. [8] 3:09-CV-0724-N, 2014 WL 12654910 (N.D. 12] See id. [13]

Banks 40

Banks Bankruptcy Debtor Judgment 40

In the Red

JANUARY 22, 2018

The Sunbeam court held that rejection is a breach by the debtor and does not terminate the agreement or “vaporize” the rights of the non-breaching party. Fast forward to January 12, 2018 when, on appeal from the BAP, the U.S. 2014) , which had effectively applied Section 365(n) to trademarks. The Final Installment.

Bankruptcy 100

Bankruptcy Debtor Manufacturing Trade 100

PBWT

MARCH 23, 2021

” It is well-accepted that it limits not only bankruptcy trustees but also other parties that are exercising the powers of a trustee, such as debtors-in-possession, creditors’ committees and post-confirmation trusts. 4] Brief for the United States as Amicus Curiae , No 20-8 (March 12, 2021) (“ SG Brief ”). [5]

Creditors 65

Creditors Bankruptcy Debtor 65

FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Ayesh, 2014 WL 2603890 (D. Kansas 2014) (HOA fines not debts under FDCPA); Mlnarik v. Smith, Gardner, Slusky, Lazer, Pohren & Rodgers, LLP , 2014 WL 6657747 (N.D. Alexander, et al 698 F.3d 3d 290 (6th Cir. See, e.g., Berg v. See, e.g., Ho v. ReconTrust Co.,

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. Riexinger & Associates, LLC , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

National Service Bureau

OCTOBER 13, 2015

In addition, debt collectors must comply with all the same regulations when dealing with service members as they would with any other debtor. Of the 29,000+ complaints made by service members to the Consumer Financial Protection Bureau between July 2011 and December 2014, almost 40% were related to debt collection and collection agencies.

Collections 40

Collections Debt collector Financial Institution Credit Card Debt 40

FDCPA Defense

JULY 20, 2013

The Act only applies to consumer debts that are sold or resold on or after January 1, 2014. 5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. at § 1788.50(d). at § 1788.52(b). a) and (b) of the Act. a) and (b) of the Act. Code § 1788.52(c).

Debtor 40

Debtor Creditors Judgment Collections 40

FDCPA Defense

MAY 11, 2017

The agency ( not the attorney) mailed letters to “approximately one million debtors each year” using a computerized mass-mailing system, with a letterhead referencing the defendant – “P.D. The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” 12-14, 18-23. 2017-CFPB-0003 (“Order”) para.

Law Firms 40

Law Firms Debtor Creditors Collections 40

FDCPA Defense

JANUARY 22, 2017

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. JQD, LLC , 2014 WL 3404945 (N.D. Collins Fin. Johnson, et al.,

Collections 40

Collections Judgment Creditors Law Firms 40