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Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause

ABI

5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 12] See In re Acis Capital Mgmt., 4] Highland Capital Management L.P. 10] See id.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

as well as analogous state laws governing the consumer collection process. 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. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir. 2016) and Carlin v. Davidson Fink LLP , 852 F.3d

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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

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.

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

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. 2541, 2551 (2011); Powers v. Wal-Mart Stores, Inc.