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Government is Making Debt Recovery a lot Harder

Nexa Collect

The US government has thrown a slew of laws on collection agencies, making bad-debt recovery harder and costlier. Our government’s intention behind these laws is not wrong, but the ground reality is different. . Debtors who would have usually paid quickly are now disputing the collection notices more than ever.

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Supreme Court Holds That Fraud Exception to Debt Discharge can Include Fraud by Someone Other Than the Debtor

PBWT

Bartenwerfer considers whether the fraud required by this section need be the debtor’s fraud or fraud known to the debtor. The Ninth Circuit ultimately held that section 523(a)(2)(A)’s application did not depend on the debtor’s knowledge of the fraud, and so was applicable to Bartenwerfer. ” 11 U.S.C. §

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How Bankruptcy Code Section 363 Benefits Debtors and Creditors

Collection Industry News

Under section 363 of the Bankruptcy Code, a debtor-in-possession in a chapter 11 bankruptcy proceeding can seek court approval to sell some or all of the debtor’s assets, free and clear of all claims and encumbrances. This process is beneficial for debtors in that it allows for a more streamlined method of liquidating its assets.

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District Court Departs from Supreme Court Plurality to Find Government-Debt Collector Retroactively Liable Under TCPA — But Rejects Statutory Damages

TCPA

For nearly five years, the TCPA explicitly excluded from liability calls made to collect government-backed debt. Naturally, government debt collectors relied on this exception and called debtors without fear of TCPA liability. In 2020, the Supreme Court ruled that this … Continue reading →

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Court Finds Letter to Debtor is Not a Debt-Collection Communication Under the FDCPA

Troutman Sanders

LLC , the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector to a debtor are governed by the Fair Debt Collection Practices Act (FDCPA). Absolute Resolutions Investments.,

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PPP Borrower Pays Damages and Penalties to Government in First False Claims Act Settlement

Burr Forman

SlideBelts is an internet retail company and debtor in bankruptcy. SlideBelts and its president/CEO agreed to resolve the allegations in connection with the PPP loan by paying the government damages and penalties of $100,000. SlideBelts Inc. received a PPP loan under the CARES Act.

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Artificial Intelligence in Collections Industry

Nexa Collect

Here are some ways AI can be used in debt collections: Automated Communication: AI-powered chatbots can handle initial interactions with debtors, engage in conversations, and answer frequently asked questions. Personalized Debt Management: AI can generate personalized repayment plans based on a debtor’s financial situation.