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Attorney Facing FDCPA Class Action for Allegedly Attempting to Collect on Judgments for Bankrupt Creditor

Account Recovery

The lawsuit, filed in the Southern District of New York, targets the defendant, a debt collection attorney accused of continuing to collect on judgments against former students of the Technical Career Institute (TCI) despite TCI having filed for Chapter 7 bankruptcy. The background: Technical Career Institutes, Inc. Learn more.

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Daily Digest – October 26. Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name

Account Recovery

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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Appeals Court Partially Reverses Dismissal of FDCPA Case Over Consumer Status and Debt Definition

Account Recovery

The plaintiff, who had previously filed for Chapter 7 bankruptcy, had received a discharge order. The letter included language that, even though the plaintiff was no longer personally liable due to bankruptcy, the letter was part of an effort to enforce the mortgage lien against the property. Read the ruling.

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New Law in Arizona Changes Homestead Exemption for Judgment Creditors

Account Recovery

A bill has been signed into law in Arizona that raises the homestead exemption on judgments to $250,000 from $150,000, but has “gutted the protections” that were previously included in the state, according to one bankruptcy attorney, because the law now allows any judgment to be attached to a home and allows judgments to be … The (..)

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Judge Grants MSJ For Defendant in FDCPA Case Over Attempt to Collect Discharged Debt

Account Recovery

The background: The plaintiff filed bankruptcy protection in January 2020, listing the debt in question. The debt was discharged in April 2020 when the creditor did not object to the bankruptcy or appear at any hearings.

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Should you tell your creditors you are filing for bankruptcy?

Roths Child Law

One of the challenging topics when filing for bankruptcy is whether or not to tell creditors. Should you inform your creditors about your plan to file for bankruptcy, or is it a bad idea? Your objective of notifying creditors about your plan can help you determine if doing so can be beneficial or not.

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Judge Grants MTD in FDCPA Case Over Attempt To Collect on Discharged Debt

Account Recovery

A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.