Consumer Financial Services Law

JULY 21, 2021

Bankruptcy Court for the Eastern District of North Carolina. The bankruptcy court order held mortgage servicer Newrez, LLC (“Newrez”) and the holder of the mortgage note at issue in civil contempt for failing to abide by the terms of the individual debtors’ confirmed chapter 11 plan (the “Plan”). Newrez, LLC v.

Bankruptcy 40

Bankruptcy Debtor Creditors Loans 40

Consumer Financial Services Law

JANUARY 9, 2016

The issue of whether the Bankruptcy Code precludes claims under the FDCPA took another twist in an opinion issued by the Second Circuit last week. The district court dismissed the claims holding that the Bankruptcy Code precluded all claims under the FDCPA for conduct that violates the discharge injunction. Wells Fargo Bank, N.A.,

Bankruptcy 40

Bankruptcy Debtor Debt collector Loans 40

Consumer Financial Services Law

AUGUST 27, 2019

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

Bankruptcy 40

Bankruptcy Judgment Foreclosure Debtor 40

Consumer Financial Services Law

SEPTEMBER 13, 2016

A recent decision from a North Carolina Bankruptcy Court emphasizes the need for proper training for those who file proofs of claim on behalf of anyone providing consumer credit, including healthcare providers. The court went on, however, to award sanctions for violation of Bankruptcy Rule 9037. See In re Wayne Edward Branch, Case No.

Bankruptcy 40

Bankruptcy Healthcare Debtor Financial services 40

Consumer Financial Services Law

SEPTEMBER 27, 2016

By: Caren Enloe and Parker Dozier September 26, 2016 A bankruptcy court has dealt a blow to a TCPA defendant’s attempt to moot a class action lawsuit by entering into a settlement with the class representative’s bankruptcy trustee. Specifically, the debtor alleged that the settlement was an attempt to “buy off” the class action.

Bankruptcy 40

Bankruptcy Chapter 7 bankruptcy Debtor Judgment 40

Consumer Financial Services Law

MAY 12, 2017

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7. Jeziorowski v. Jeziorowski v. Credit Prot. LEXIS 66084 (W.D.N.Y.

Bankruptcy 40

Bankruptcy Debtor Fair Debt Collection Creditors 40

Consumer Financial Services Law

MAY 16, 2017

Johnson in the Lower Courts Aleida Johnson filed her Chapter 13 bankruptcy petition in 2014. Midland moved to dismiss asserting that Johnson’s FDCPA claims were precluded by the Bankruptcy Code. On appeal, the Eleventh Circuit reversed, holding that the Bankruptcy Code and FDCPA were not in irreconcilable conflict. 3d at 1341.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Creditors Debtor 40

BN Lawyers

OCTOBER 23, 2020

s Consumer Financial Service Law Practice Group. Our firm is very proud of Brit’s efforts on behalf of an organization that we have supported since its inception” explained Manuel Newburger, a shareholder and the leader of the firm’s Consumer Financial Services Law Practice Group. 248 or at tgood@bn-lawyers.com.

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Law Firms Legal Collections Creditors Creditor's Rights 52

Consumer Financial Services Law

JANUARY 22, 2021

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. Fulton, No.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. David Elliott – Commercial Litigation, Financial Services Regulation Law, Litigation – Banking and Finance. William Hereford – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Real Estate.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

Burr Forman

AUGUST 20, 2020

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. David Elliott – Commercial Litigation, Financial Services Regulation Law, Litigation – Banking and Finance. William Hereford – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Real Estate.

Lawyers 40

Lawyers Construction Acquisition Bankruptcy 40

BN Lawyers

MARCH 25, 2019

A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement. Mines made numerous sallies against the arbitration clause, including some arising out of his chapter 7 bankruptcy. In Mines v. Mines filed a Chapter 7 case.

Chapter 7 bankruptcy 40

Chapter 7 bankruptcy Bankruptcy Debtor Creditors 40

Consumer Financial Services Law

JANUARY 31, 2020

The Facts As the Third Circuit explained, “the center of this bankruptcy appeal is “‘America’s first sports car’: The Chevrolet Corvette.” After repossession, Denby-Peterson filed an emergency Chapter 13 Bankruptcy petition in the Bankruptcy Court for the District of New Jersey. 542(a), but denied the request for sanctions.

Collateral 40

Collateral Repossession Bankruptcy Chapter 13 bankruptcy 40

Jimerson Firm

JANUARY 27, 2021

illness), paying it would cause financial hardship. (4) 4) Collection of the loan balance is not barred by a valid legal defense, such as discharge in bankruptcy or the statute of limitations; (5) The borrower has not engaged in fraud, misrepresentation, or other financial misconduct; and. (6)

Loans 96

Loans Lender Collateral Creditors 96

Consumer Financial Services Law

AUGUST 31, 2016

In reaching its conclusion, the court was persuaded by several of the points articulated by other courts over the past two years: · In Maryland, the state where the bankruptcy was pending, the statute of limitations does not extinguish the debt. It simply limits the avenues of recourse. · Keys to the Decision. Keys to the Decision.

Chapter 13 bankruptcy 40

Chapter 13 bankruptcy Bankruptcy Debt collector Acquisition 40

Jimerson Firm

DECEMBER 30, 2020

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

Loans 98

Loans Collateral Lender Foreclosure 98

Troutman Sanders

NOVEMBER 8, 2023

The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted. Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt.

Creditors 52

Creditors Chapter 7 bankruptcy Unsecured Creditor Debt collector 52

Consumer Financial Services Law

FEBRUARY 9, 2017

A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of confirmation was entered prior to the objection being filed. The creditor, a debt buyer, filed its unsecured proof of claim prior to confirmation of the debtor’s Chapter 13 plan.

Bankruptcy 40

Bankruptcy Debtor Creditors Collections 40

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In In re Bernard L. Madoff Investment Securities LLC , a bankruptcy court in the Southern District of New York held that Irving Picard, Trustee for Bernard L. John’s University School of Law. Madoff Investment Securities LLC (BLMIS) and Bernard L. 6. . §

Bankruptcy 40

Bankruptcy Debtor Financial services Banks 40

BN Lawyers

SEPTEMBER 25, 2019

Robert “RJ” Shannon, a talented bankruptcy counsel has joined Barron & Newburger as an attorney in its Austin Office. RJ will join the firm’s Bankruptcy and Reorganization practice group, where he will focus on business reorganization and bankruptcy litigation.

Bankruptcy 40

Bankruptcy Acquisition Debtor Creditors 40

Jimerson Firm

JULY 30, 2020

For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor. See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla. Bryan, 384 So. 2d 1323, 1324 n.3

Lender 98

Lender Foreclosure Loans Banks 98

Consumer Financial Services Law

NOVEMBER 12, 2019

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. Also, a debtor may voluntarily pay any debt that has been discharged.” The Bankruptcy Court denied the motion and on appeal, the district court agreed. Nationstar Mortg., LLC, (In Re Roth) 935 F.3d 3d 1270 (11th Cir.

Bankruptcy 40

Bankruptcy Creditors Foreclosure Legal Rights 40

Consumer Financial Services Law

JANUARY 5, 2021

Court of Appeals for the Ninth Circuit recently held that a mortgage servicer had a permissible purpose for pulling the consumer reports of three borrowers for whom it serviced two mortgages even though the borrowers’ personal liability on the mortgages had been discharged in bankruptcy. Ocwen Servicing, LLC , 978 F.3d

Foreclosure 40

Foreclosure Bankruptcy Judgment Lender 40

Jimerson Firm

AUGUST 7, 2020

Importantly, the Act gives the court a new power to, similar to as in bankruptcy proceedings, stay certain actions to enforce claims against receivership property. 714.14, Fla.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

BN Lawyers

JANUARY 14, 2019

Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. The Court of Appeals held that this publication of notice “qualifies under the FDCPA as an ‘initial communication’ with the debtor.”.

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Foreclosure Debt collector Chapter 13 bankruptcy Collections 40

Consumer Financial Services Law

NOVEMBER 22, 2019

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. In those instances, where the statutes cannot be harmonized and one must displace the other, the court looks to congressional intent.

Bankruptcy 40

Bankruptcy Creditors Debtor Education 40

Troutman Sanders

FEBRUARY 13, 2024

On February 8, a New York bankruptcy judge ruled against cryptocurrency exchange Gemini’s claim that it has a secured claim on more than $800 million in Genesis Global Capital assets. The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. They cited a U.S.

Financial services 52

Financial services Student loans Student Loans Collection Agencies 52