Account Recovery

APRIL 6, 2025

The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a Fair Debt Collection 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.

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Chapter 7 bankruptcy Fair Debt Collection Creditor's Rights Bankruptcy 130

Account Recovery

NOVEMBER 3, 2020

An individual in Florida has filed a lawsuit accusing a company of violating the Telephone Consumer Protection Act by making debt collection calls to the plaintiff’s cell phone after he had revoked consent to be contacted and told the defendant he intended to file for bankruptcy protection and asked the defendant to contact his attorney … (..)

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Collections Bankruptcy 246

Account Recovery

NOVEMBER 22, 2022

The post Judge Grants MTD in FDCPA Case Over Collection of BK Debt appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections Bankruptcy 246

Account Recovery

MAY 10, 2022

A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been discharged during bankruptcy proceedings.

Fair Debt Collection 246

Fair Debt Collection Collections Bankruptcy 246

Account Recovery

MARCH 23, 2021

A District Court judge has ruled that a plaintiff does not have standing to sue a collector that sent two collection letters seeking to collect on a debt that had been discharged in bankruptcy in which the letters indicated that the collector would update “credit data it may have” already submitted in exchange for payment.

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Collections Bankruptcy 246

Account Recovery

MARCH 17, 2023

The post Companies Illegally Collecting on Student Loans Discharged in Bankruptcy: CFPB appeared first on AccountsRecovery.net.

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Student loans Student Loans Bankruptcy Loans 130

Account Recovery

OCTOBER 12, 2021

Judge Grants MSJ For Defense in FDCPA Case; Analysis Breaks Down CFPB Collection Complaints appeared first on AccountsRecovery.net.

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Fair Debt Collection Law Firms Collections Bankruptcy 244

Account Recovery

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

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Creditors Fair Debt Collection Collections Bankruptcy 246

American Profit Recovery

SEPTEMBER 8, 2023

Many organizations we encounter have waited far too long to implement a solid debt collection program. Because of this, many businesses suffer negative cash flow and these issues could have been prevented by being proactive with their collection activities. And that includes bankruptcy.

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Collections Bankruptcy Collections Agency Collection Agencies 228

Account Recovery

JANUARY 26, 2022

A company that helps consumers file for bankruptcy protection has filed a lawsuit against the state of New York, alleging that the state is violating the First Amendment of the Constitution by requiring consumers to have a licensed lawyer represent them when defending themselves against debt collection lawsuits.

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Lawyers Collections Bankruptcy 227

Account Recovery

DECEMBER 6, 2024

billion distribution reflects the CFPBs commitment to ensuring consumers are made whole, even in cases where the violating companies shut down or file for bankruptcy. .” This historic $1.8 Consumers eligible for relief in this distribution will receive payments in the coming weeks.

Bankruptcy 130

Bankruptcy Judgment Collections 130

Account Recovery

SEPTEMBER 11, 2020

IQOR FILES FOR BANKRUPTCY PROTECTION Collection operation and contact center business-process outsourcing provider iQor filed for Chapter 11 bankruptcy protection yesterday, seeking approval of a pre-packaged plan that would provide the company with $130 million of funding to reorganize itself and continue operating.

Bankruptcy 173

Bankruptcy Collections 173

Account Recovery

JANUARY 10, 2023

The Court of Appeals for the Seventh Circuit has overturned a bankruptcy court’s decision and remanded a case with instructions to resolve claims from the bankruptcy trustee on the merits after a collection agency garnished an individual’s wages and seized $3,700 within the 90 days before the individual filed for bankruptcy protection.

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Garnishment Bankruptcy Collections Agency Collection Agencies 246

Consumer Finance

MAY 30, 2024

The CFPB sued student loan servicer Pennsylvania Higher Education Assistance Agency for illegally collecting on student loans that have been discharged in bankruptcy and sending false information about consumers to credit reporting companies.

Student loans 145

Student loans Student Loans Loans Bankruptcy 145

Account Recovery

FEBRUARY 18, 2025

THE COMPLIANCE DIGEST IS SPONSORED BY: BK Filings Surge in 2024, Continuing Rebound from Historic Lows Total bankruptcy filings jumped 14.2% WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Sawin & Shea

JULY 29, 2020

One of the things that people hear about bankruptcy is that it usually doesn’t discharge some debts owed to the government, like taxes. Even if you have a large burden of tax debt that is making it extremely difficult to reconcile your finances, bankruptcy can’t always help. How Can I Wipe Out My Tax Debt? What If I Have a Tax Lien?

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Bankruptcy Chapter 7 bankruptcy Government Collections 124

Sawin & Shea

JANUARY 19, 2022

Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. Filing your taxes after filing for bankruptcy is not as complicated as it may seem, and if you are still confused after doing some research, you can always reach out to a bankruptcy lawyer. Tax Debt and Bankruptcy.

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Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Debtor 119

Account Recovery

MAY 28, 2024

A District Court judge in Minnesota has denied motions to dismiss filed by the defendants in a case involving alleged violations of the Fair Debt Collection Practices Act and the automatic stay provision of the Bankruptcy Code. Catherine University, was subjected to a collection action by […]

Bankruptcy 130

Bankruptcy Fair Debt Collection Collections 130

Account Recovery

DECEMBER 11, 2020

Judge Grants MTD in FDCPA Case; Bankruptcy Overhaul Bill Introduced appeared first on AccountsRecovery.net.

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Bankruptcy Fair Debt Collection Creditors Collections 147

Troutman Sanders

JANUARY 29, 2024

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

Account Recovery

JUNE 3, 2024

The Consumer Financial Protection Bureau on Friday announced it had filed a lawsuit against the Pennsylvania Higher Education Assistance Agency (PHEAA), alleging that PHEAA illegally collected on student loans that had been discharged in bankruptcy and provided false information to credit reporting companies.

Student loans 147

Student loans Student Loans Loans Collections 147

Sawin & Shea

AUGUST 18, 2021

One issue that you may worry about when filing for bankruptcy is whether or not it will affect your employment. In the midst of a stressful financial time when you are having to accept the idea that your finances are changing, it is normal to believe that there is a stigma attached to bankruptcy. Bankruptcy Code (11 U.S.

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Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Garnishment 105

Account Recovery

JANUARY 25, 2023

A bankruptcy court judge in Virginia has ordered a collection law firm to pay $25,000 in attorney’s fees to the plaintiffs for violating the discharge of a judgment through bankruptcy by sending a payoff letter to the plaintiffs after the plaintiff requested it. A copy of the ruling in the case of Skaggs v.

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Law Firms Collections Bankruptcy Judgment 130

Sawin & Shea

JUNE 23, 2021

Although filing for bankruptcy can solve many of the issues you are dealing with, ease your stress level, and give you a chance to breathe, it cannot remove all of your worries. If you are contemplating filing for bankruptcy, you are probably overwhelmed with debt that you can’t repay while dealing with creditors.

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Bankruptcy Judgment Creditors Foreclosure 102

Account Recovery

MARCH 29, 2022

A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and allegedly notified the (..)

Bankruptcy 246

Bankruptcy Judgment Consumer Collections Collections 246

Account Recovery

OCTOBER 12, 2021

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)

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Law Firms Fair Debt Collection Bankruptcy Creditors 242

Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.

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Bankruptcy Chapter 13 bankruptcy Repossession Debt collector 98

Account Recovery

JUNE 8, 2021

A Magistrate Court judge in Indiana has partially granted a defendant’s motion for summary judgment, but denied other claims it violated the Fair Debt Collection Practices Act by sending a collection letter to individuals who had filed for bankruptcy protection and had requested that the defendant stop communicating with them.

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Fair Debt Collection Bankruptcy Judgment Collections 243

Sawin & Shea

APRIL 6, 2021

Bankruptcy is a smart, legal, and effective way to wipe out a mountain of old debts. There are many reasons why people resist bankruptcy, but some are based on fiction rather than facts. Maybe you’re avoiding bankruptcy merely because of a mistaken impression about it, so let’s clear things up. Assuming It Is Rarely Needed.

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Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Creditors 98

Roths Child Law

AUGUST 23, 2024

For a person who has too many debts and not enough income, filing for bankruptcy is one option they have to reclaim their financial future. One of the benefits of filing for bankruptcy is the automatic stay. The automatic stay is a court order that prohibits creditors from trying to collect debts from someone who files for bankruptcy.

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Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt?

Bankruptcy 98

Bankruptcy Garnishment Foreclosure Judgment 98

Account Recovery

AUGUST 27, 2021

It might not be a Hunstein case, but a District Court judge in Missouri has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by disclosing the existence of a debt to a third party — in this case a bankruptcy attorney … The post Judge Rules for (..)

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Fair Debt Collection Bankruptcy Judgment Collections 246

Account Recovery

SEPTEMBER 21, 2023

The Consumer Financial Protection Bureau has denied a petition from the Pennsylvania Higher Education Assistance Agency to set aside a civll investigative demand into whether the servicer maintained adequate policies and procedures to determine whether loans were dischargeable in bankruptcy and if attempts were made to collect on loans that had been (..)

Student loans 130

Student loans Student Loans Loans Bankruptcy 130

Account Recovery

AUGUST 14, 2020

A District Court judge in Florida has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it lumped the principal, interest, fees, and expenses it was owed into one amount when filing a proof of claim after the plaintiff filed for bankruptcy protection.

Fair Debt Collection 246

Fair Debt Collection Bankruptcy Collections 246

Sawin & Shea

JULY 28, 2021

It’s tempting to believe that filing for bankruptcy is like having a magical wizard wave his wand to make all of your problems disappear. Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 per every 1,000 people.

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Bankruptcy Credit Card Debt Chapter 13 bankruptcy Chapter 7 bankruptcy 105

Nerd Wallet

JULY 9, 2021

The moment a consumer files for bankruptcy, such as Chapter 7 or Chapter 13, an automatic stay typically takes effect immediately. The automatic stay temporarily halts most judgments, collection activities, foreclosures and repossessions of the consumer’s property, which is known as the bankruptcy estate.

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Bankruptcy Repossession Foreclosure Judgment 105

Sawin & Shea

JULY 14, 2021

It’s no surprise then that thousands of individuals with student loan debt end up turning to bankruptcy for help. Though filing for bankruptcy may seem scary, there are many ways that it can help those drowning in debt get back on track. Will My Student Loans Be Discharged if I File for Chapter 13 Bankruptcy?

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Chapter 13 bankruptcy Student loans Student Loans Bankruptcy 98