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A collection attorney in New York is facing a class-action lawsuit for allegedly violating the FairDebtCollection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc. Learn more.
The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a FairDebtCollection Practices Act case over whether the plaintiff meets the statute’s definition of “consumer” and whether the debt is still a debt. Read the ruling.
A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the FairDebtCollection Practices Act and the Rosenthal FairDebtCollection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.
Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. If you are a victim of debt collector harassment, it’s important to know the debtcollection laws, and consider your options for debt relief. What is Chapter7Bankruptcy?
If you’re dealing with debt and considering filing for bankruptcy, it’s a good idea to get professional legal advice on how to handle the proceedings. Credit counseling and debt management agencies may be able to assist you as you work, but with so many untrustworthy schemes out there, how do you know what the right step should be?
You may be considering Chapter7bankruptcy. Consulting with a Chapter7bankruptcy attorney in Boulder, CO, can help determine if it is the right solution. Our blog will provide a general overview of Chapter7bankruptcy. Filing for Chapter7bankruptcy triggers an automatic stay.
proposed sweeping legislation that would overhaul consumer bankruptcy law. The proposed changes generally make it easier for consumers to access the bankruptcy system and discharge their debts. Below is a discussion of 10 critical changes proposed in the Consumer Bankruptcy Reform Act of 2020 (CBRA).
The plaintiff, an individual consumer, filed a chapter7bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. The plaintiff filed a lawsuit against the defendant in the U.S. 1692, et seq.
And debt buyers often lack the necessary documentation to prove either that they have the right to pursue the claim or that the amount owed is accurate. If a debt buyer or collection agency has violated a consumer protection statute such as the FairDebtCollection Practices Act (FDCPA)–and they often do–that provides leverage to fight back.
A District Court judge in California has denied a defendant’s argument that it does not meet the definition of a debt collector under the FairDebtCollection Practices Act and ruled that the plaintiff’s claims can proceed.
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