Tue.Aug 27, 2019

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First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

Consumer Financial Services Law

By Caren D. Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. Kirby v. 21st Mortg. Corp. , 599 B.R. 427 (2019). In Kirby, the consumers filed Chapter 7 while engaged in a state sponsored Foreclosure Diversion Program.