Searching Content indexed under Insolvency/Bankruptcy by David Anthony ordered by Published Date Descending.
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Reporting Outstanding Balance Or Past Due Payments Of Account Included In Ch. 13 Bankruptcy Plan Does Not Violate FCRA
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
United States
20 Aug 2018
Courts Expand Eligibility For Chapter 13 Bankruptcy Of Persons Seeking To Discharge Outstanding Student Loans
Chapter 13 of the United States Code's eleventh title "permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual's exact circumstances,"...
United States
15 May 2018
Supreme Court Rules That Filing A Proof Of Claim On A Time-Barred Debt Does Not Violate The FDCPA
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
United States
22 May 2017
Validation Notice Including Request For Payment And Identifying Creditor By Acronym Does Not Violate FDCPA
The United States District Court for the Southern District of California recently dismissed all of a plaintiff's claims in the putative class action Matthew Stuppiello v. Southwest Credit Systems, L.P.
United States
28 Feb 2017
Supreme Court Focuses On Intersection Of FDCPA And Bankruptcy Code
On January 17, 2017, the United States Supreme Court heard oral argument in the case of Midland Funding, LLC v. Johnson, an appeal from the Eleventh Circuit.
United States
6 Feb 2017
Supreme Court Grants Cert. In FDCPA Claim Related to Filing of Stale Claims in Bankruptcy
Yesterday, the United States Supreme Court granted the petition for certiorari of Midland Funding, LLC v. Johnson.
United States
19 Oct 2016
Fourth Circuit Rejects FDCPA Liability For Filing Proofs Of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the FDCPA...
United States
5 Sep 2016
The United States Supreme Court Hears Oral Arguments On Availability Of "Strip Off" Remedies For Chapter 7 Debtors
Most courts agree that debtors filing under Chapter 13 of the Bankruptcy Code may strip off liens from their assets to the extent that the encumbrances against the property exceed its value.
United States
13 Apr 2015
Third Circuit Finds That If The Settlement Does Not Fit, You Must … Revisit
On February 24, the United States Court of Appeals for the Third Circuit addressed, for the second time, an appeal arising out of the Delaware Chapter 11 bankruptcy of SCH Corp., American Corrective Counseling Services, Inc., and ACCS Corp.
United States
4 Mar 2015
Filing Time-Barred Proof Of Claim May Have FDCPA Implications
On December 8, the Southern District of Indiana released a decision relating to the interplay between the Fair Debt Collection Practices Act and bankruptcy.
United States
9 Jan 2015
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