Remove 2013 11
article thumbnail

Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

a United States District Court in the 11 th Circuit analyzed the issue of whether a creditor’s issuance of a 1099-C extinguishes or cancels a debt. 1:11–cv–72, 2012 WL 1098619, at *7 (W.D.N.C. Credit Union , 2013 U.S. For example, in Ware v. Bank of Am. , See, e.g., Fed. Deposit Ins. Cashion, No. 684, 689 (Bankr.W.D.Pa.2009)

Lender 98
article thumbnail

Sixth Circuit Doubles Down Despite Impending U.S. Supreme Court Decision

Consumer Financial Services Law

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. Chase Home Finance LLC.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization

ABI

In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] 10] Parkland failed to respond to these requests. [11] 3] See id. [4]

Debtor 40
article thumbnail

Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. California law does not allow for a deficiency judgment following non-judicial foreclosure.

article thumbnail

Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

2013) and Scott v. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. in which the Sixth Circuit confirmed its view that foreclosure proceedings are debt collection.