Remove category third-circuit
article thumbnail

Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority

ABI

1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 3] The IRS filed a proof of claim against the Debtors for unpaid taxes and interest, including a $927.00

article thumbnail

Third Circuit Holds Settlement Offer on Time-Barred Debt States Plausible FDCPA Claim

Consumer Financial Services Law

Merriam Webster Dictionar y The Third Circuit has refined its position as to whether collection of time-barred debt may violate the FDCPA where the communication involves an offer to settle. Allied’s motion to dismiss was granted by the district court which relied on prior Third Circuit precedent, Huertas v.

article thumbnail

Is The CFBP's Position On Credit Reporting Statements Consistent With The Case Law?

FDCPA Defense

In its Bulletin issued in July 2013 , the CFPB took the position that creditors, debt buyers and third-party collectors often make representations to consumers about credit-related issues in order to persuade them to pay. More recently, the Fifth Circuit embraced the reasoning of Durkin in the case of McMurray v. 3d 410, 418 (7th Cir.