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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 3] In 2013, Rodger Dean Love (“Debtor”) filed for bankruptcy under chapter 13 of the Bankruptcy Code. [4] 10] See id. [11]

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The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

PBWT

It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation. A recent 10 th Circuit decision shows why. The debtor and his two brothers-in-law served as co-trustees of both trusts. Unsecured Creditors Committee et al. , ” Id.

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The Increasing Acceptance of Derivative Standing

ABI

1] In 2012, the Archdiocese of Santa Fe (“Debtor”) along with its 90 parishes began restructuring its assets after creating the Archdiocese of Santa Fe Real Estate Corporation (“RE Corp.”). [2] 2] Debtor then created a real estate trust and a financial assets trust, both effective January 1, 2013, and made RE Corp.

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Debt Collection Now and Post-Covid

Nexa Collect

Additionally, the government-assisted stimulus packages resulted in recovery rates jumping by almost 1.5 The number of those actually furnishing payment information to the consumer reporting agencies has decreased in the last 10 years. In 2013, it was at 88%. 4, March 2013 ). drop from 2019.

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Top 3 Complaints Against Debt Collection Agencies

National Service Bureau

Disclosures can be verbal on first contact with the debtor or via written notice submitted within five days of that first contact. There are a number of rules governing the type of communication that is allowed, with whom it can be made, and the medium with which it can be made. The CFPB started publishing statistics on 10 July, 2013.

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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