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Foreclosure Sale Violates Automatic Stay when a Debtor is a Named Party in the Foreclosure

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

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Tenth Circuit Joins the Fray Regarding Whether Foreclosures Are Debt Collection Activity

Consumer Financial Services Law

The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. Wells Fargo, 2018 U.S. Instead of responding, the law firm initiated a non-judicial foreclosure. On appeal, the Tenth Circuit addressed the issue of whether the FDCPA applies to non-judicial foreclosure proceedings.

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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]

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On October 11, the Federal Trade Commission (FTC) announced a new proposed rule to prohibit junk fees, which are hidden and bogus fees that can harm consumers and undercut honest businesses. On October 11, the Securities and Exchange Commission (SEC) informed the U.S. On October 11, B25-0449 was signed by Mayor Muriel Bowser (D).

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Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

Consumer Financial Services Law

Demers & Adams, 2018 U.S. 2018), a letter from a law firm advising the consumer that the creditor would not seek recovery of the deficiency balance resulted in an FDCPA claim. 1692e(11) because it did not disclose the communication was from a debt collector. 1692e(11) satisfied Article III’s requirement of an injury in fact.

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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. A majority of courts have held that the issuance of a 1099-C does not automatically discharge a debt or prohibit future collection activities.

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Debt Collectors Are Thriving This Year – And Now They’re Filing Even More Suits

Collection Industry News

It primarily had the CARES Act to thank: The bill delivered hundreds of billions of dollars worth of stimulus checks and bulked-up unemployment benefits to Americans, while easing pressures on them by halting foreclosures, evictions and student loan payments. There was no ban on collections of old credit card bills, Encore’s specialty.