Consumer Financial Services Law

MARCH 15, 2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. Fabrizio & Brook, P.C., LEXIS 33450 (E.D.

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Bankruptcy Foreclosure Law Firms Creditors 40

Consumer Financial Services Law

AUGUST 27, 2019

In Kirby, the consumers filed Chapter 7 while engaged in a state sponsored Foreclosure Diversion Program. The mortgage company additionally sent a Right to Cure directly to the Kirbys which contained a bankruptcy disclaimer. 21st Mortg. 427 (2019).

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Bankruptcy Judgment Foreclosure Debtor 40

Consumer Financial Services Law

NOVEMBER 12, 2019

Importantly, the Informational Statement also included a lengthy disclaimer which provided as follows: This statement is sent for informational purposes only and is not intended as an attempt to collect, assess, or recover a discharged debt from you, or as a demand for payment from any individual protected by the United States Bankruptcy Code.

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Bankruptcy Creditors Legal Rights Foreclosure 40