August, 2016

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Fourth Circuit Weights in on the Time Barred Proof of Claim Debate

Consumer Financial Services Law

Joining the proof of claim fray, the Fourth Circuit has held that the filing of a time barred proof of claim does not violate the FDCPA when the statute of limitations does not extinguish the debt. Dubois v. Atlas Acquisitions, No. 15-1495, 2016 U.S. App. LEXIS, *22-23 (4 th Cir. Aug. 25, 2016). In joining the majority of circuits, the Fourth Circuit held that while filing a proof of claim is debt collection activity regulated by the FDCPA, the filing of a proof of claim that is time barred does

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Can I Take Out Debt Before Filing Bankruptcy?

Ks Law

I attend a lot of seminars and educational programs dealing with bankruptcy and related issues. Usually the information is valuable to my practice and to my clients, but I recently attended a seminar where an attorney stated to the audience that we should never advise our clients to incur debts while we are planning on filing their bankruptcy case.

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Ninth Circuit Holds that the One-Year Period in Sec. 727(a)(2) is not Subject to Equitable Tolling

The Creditors Rights

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. After he filed a chapter 13 petition, Neff recorded a quit-claim deed transferring a condominium from himself to a trust. This first chapter 13 case was dismissed, as was a second chapter 13 case filed by Neff. Neff then filed his third bankruptcy case, a chapter 7 proceeding, more than one year following the recording of the quit-claim deed.

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What New Business Owners Need To Know To Collect Debt

The McHughes Law Firm

New business debt collection may be the last thing on your mind as you juggle all the different moving parts the come with starting a business. But it can be a deciding factor if your business is to survive and thrive. If you are in the process of starting a new business, debt collection on past due accounts is likely not even on your radar yet. However, establishing a process on how to collect debt is a crucial component of any business – no matter what the age.

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From Complexity to Clarity: Strategies for Effective Compliance and Security Measures

Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

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National Recovery Agency

Recoverity

National Recovery Agency’s Corporate Values. There is no substitute for experience. When you are a client of ours, we go the extra mile to service your accounts. We perform management audits at each step of the collection process to assure maximum results on each account. We address your specific needs to bring you the highest return possible.

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Guest Post: An Unanticipated Regulator of the Future – Credit Averse Millennials

Consumer Financial Services Law

By Mark J. Dobosz August 22, 2016 A recent New York Times article by Nathaniel Popper reported the following, “Data from the Federal Reserve indicates that the percentage of Americans under 35 who hold credit card debt has fallen to its lowest levels since 1989…” Popper goes on to say, “Their reluctance could have lasting repercussions for millennials, as well as for the financial system and the economy.

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CFPB Enters Consent Order with Wells Fargo Over Payment Allocation Procedures

Consumer Financial Services Law

The CFPB has entered into a Consent Order with Wells Fargo Bank, N.A. asserting that it engaged in unfair and deceptive practices related to its student loan servicing practices. Specifically, the CFPB contended that Wells Fargo’s payment allocation and payment aggregation practices were unfair and deceptive and that it engaged in unfair practices related to credit reporting and late fees.

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Buyer Beware: a Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of the Sale Hearing

The Creditors Rights

The Second Circuit ’s recent opinion in The Matter of: Motors Liquidation Company , 2016 WL 3766237 (2 nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates. This decision comes in the bankruptcy proceedings of General Motors, in which the debtor’s assets were sold by “Old GM” to “ New GM ” free and clear of all liens, interests, claims and encumbrances, including claims of successor liability, within weeks after the petition was filed.

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Simons Agency

Recoverity

Simon’s Agency, Inc. has a proven 50-year track record of client satisfaction by leveraging advanced technology, one-on-one client relations and the vast experience of our management team and multi-lingual collections staff to recover our clients’ outstanding receivables. We understand the importance of good bedside manners when it comes to collections and execute with firm, yet compassionate, language and tact.

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When It Comes to Collections Software, “Good Enough” Isn’t Good Enough

Are you finding some snags in your collections process? With delinquencies, and the number of consumers looking for payment assistance on the rise, it may be time to consider an efficient cloud-based software to support your team. Learn how MeridianLink® Collect has helped financial institutions like yours streamline collections processes.

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District Court Requires Heightened Allegations to Support Willful Violation of the TCPA

Consumer Financial Services Law

A district court in Michigan has determined that plaintiffs should be held to a heightened pleading standard for willful violations for the TCPA. Duchene v. OnStar, LLC , Case No. 15-13337, 2016 U.S. Dist. LEXIS 97129 (E.D. Mich. Jul. 26, 2016). In Duchene , plaintiff alleged that he received a number of calls from defendant on his cell phone without his prior express consent.

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Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC , 758 F.3d 1254 (11 th Circ. 2014). The United States District Court for the Southern District of Alabama subsequently held the Crawford decision as placing the FDCPA and the Bankruptcy Code in irreconcilable conflict.