Troutman Sanders

MARCH 4, 2021

Troutman Pepper attorneys’ David Anthony , Ashley Taylor , Alan Wingfield , Dascher Pasco , Leah Tedford , joined by other consumer financial services experts co-authored the American Bar Association Business Law Section book, “ Consumer Finance Law: Understanding Consumer Financial Services Regulations.”.

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Troutman Sanders

JANUARY 30, 2024

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week: Federal Activities State Activities Federal Activities: On January 29, Acting Comptroller of the Office of the Comptroller of Currency (OCC) Michael J.

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Financial services Financial Institution Banks Credit Unions 52

Troutman Sanders

JANUARY 3, 2024

The company’s scaled-back bankruptcy plan also frees up $225 million in digital assets that would have been used to fund the new business lines that were rejected by the SEC. For more information, click here.

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Financial services Trade Retail Bankruptcy 52

Jimerson Firm

MAY 30, 2024

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. But what happens when a debtor lists its liabilities to shed bad debts, but that same debtor fails to disclose certain valuable assets to the bankruptcy court? Wendy’s Int’l, Inc. , 3d 1268, 1272 (11th Cir. City of Cartersville, 348 F.3d

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Debtor Bankruptcy Chapter 7 bankruptcy Creditors 59

Burr Forman

AUGUST 19, 2021

David Houston IV – Nashville, Litigation and Bankruptcy. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Christopher Carson – Commercial Litigation, Litigation – Bankruptcy, Mass Tort Litigation / Class Actions – Defendants. Ronald Farley – Birmingham, Administrative/Regulatory Law.

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Troutman Sanders

DECEMBER 1, 2022

In this episode of The Crypto Exchange , Troutman Pepper Consumer Financial Services Partner Ethan Ostroff welcomes back Deborah Kovsky-Apap to discuss the recent FTX bankruptcy and other bankruptcy-related developments in the crypto space.

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Account Recovery

SEPTEMBER 11, 2024

Its attorneys practice primarily in the areas of consumer financial services law, complex litigation and appeals, regulatory defense, bankruptcy and insolvency, attorney risk management, and data privacy. Barron & Newburger is a national law firm headquartered in Austin, Texas. For information call 866-476-9103 or visit www.bn-lawyers.com.

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PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. A recent decision from the United States Bankruptcy Court of the Southern District of New York illustrates such a situation.

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Troutman Sanders

DECEMBER 20, 2022

Proposition 209 has been touted as a way to protect Arizonans with medical debt from bankruptcy, has set new exemption limits on property subject to debt collection, and has decreased the portion of a judgment debtor’s income subject to garnishment. For more information, click here.

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Financial services Student Loans Student loans Loans 52

Jimerson Firm

DECEMBER 29, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. What is a Bad Faith Filing in Bankruptcy?

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Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy. What is a Bad Faith Filing in Bankruptcy?

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Debtor Bankruptcy Chapter 7 bankruptcy Creditors 59

Troutman Sanders

FEBRUARY 8, 2021

Senators Tammy Baldwin, Sheldon Whitehouse, Sherrod Brown, Elizabeth Warren, and Richard Blumenthal introduced the Medical Bankruptcy Fairness Act of 2021. The act would reform the current bankruptcy code due to the COVID-19 pandemic. On February 2, U.S.

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Financial services Foreclosure Student Loans Student loans 52

Titan Consulting

SEPTEMBER 22, 2020

All types of debt relief programs come with negative consequences, including non-profit credit counseling and bankruptcy, and will directly or indirectly negatively impact your credit score. Consumers in need of debt relief have three primary options to reduce their debt: credit counseling, debt settlement, or bankruptcy.

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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. In re Branch, 2016 Bankr.

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Troutman Sanders

JULY 31, 2023

In April, we discussed how Colorado’s state supreme court issued its highly anticipated decision confirming a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt. Kurtz and Merritt v. USAA Federal Savings Bank.

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Troutman Sanders

APRIL 28, 2023

Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt. On April 24, the Colorado Supreme Court issued a highly anticipated decision, available here.

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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).

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BN Lawyers

JUNE 12, 2023

Now the parent company for Lexington Law and CreditRepair.com has filed for bankruptcy protection. Manny Newburger and Stephen Sather will be two of the panelists discussing what this bankruptcy case means for the ARM industry in a webinar sponsored by AccountsRecovery.net.

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Account Recovery

NOVEMBER 7, 2024

The financial services industry presented itself as a perfect opportunity to achieve these goals. Each case brought unique challenges and required a deep understanding of different law areas, including contract law, consumer protection, bankruptcy, etc. Experience was a great teacher for me. What is your career highlight so far?

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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”). By: Landon G. Lorenzen , 139 S.

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Consumer Financial Services Law

MARCH 15, 2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. The case centers around a single letter and a bankruptcy disclaimer. In 2015, Tyler’s mortgage debt was discharged in bankruptcy.

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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.

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Bankruptcy Chapter 13 bankruptcy Creditors Debtor 40

Troutman Sanders

NOVEMBER 4, 2020

CDIA Guidance for Forbearance & Natural Disaster Credit Reporting; Bankruptcy Reporting & Considerations. Key topics to be discussed: The “CARES” Act. Amendment to the FCRA. CFPB Policy Statements on Credit Reporting. CDIA Guidance for CARES Act. Key State Actions on Credit Reporting.

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Financial services Consumer Credit Bankruptcy Collections 52

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.,

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Bankruptcy Debtor Debt collector Loans 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.

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Bankruptcy Debtor Fair Debt Collection Creditors 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. In re Presswood , Case No. 12-60237 (Bankr.

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PDC Flow

FEBRUARY 27, 2025

They [call baiters] want to engender some kind of litigation or legal claim, says Kaminski, Partner at Carlson & Messer LLP, and Chair of the Financial Services and Class Action Group. To Buy Time Or Avoid Bankruptcy Some baiters are just trying to stall between attempts to collect their debt. Using a speakerphone.

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Collections Debt collector Debtor Fair Debt Collection 52

Jimerson Firm

FEBRUARY 10, 2022

At the same time, however, the account owner/debtor is still responsible for the balance, and the lender/creditor can still make an effort to collect what is owed, with obvious exceptions being discharged or dischargeable bankruptcy filings. Servis One, Inc., 3d 1039, 1047 (M.D. In re Petty , 3:19-AP-0060-JAF, 2021 WL 1235369, at *3 (Bankr.

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Burr Forman

SEPTEMBER 14, 2020

The Council’s membership consists of 20-25 community-leaders in diverse fields that consist of medicine, real estate, insurance, education, financial services, accounting, media, law, small business, human resources, law enforcement, and ministry. Members are influential leaders with a demonstrated commitment to Bay Area Legal.

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Law Firms Foreclosure Financial services Education 52

UK debt collections

NOVEMBER 16, 2022

Over a million people and businesses could be owed money in the UK following the collapse of the crypto exchange FTX, according to bankruptcy filings. In the UK, crypto assets are largely unregulated, and experts and financial watchdogs warn there’s little protection for consumers. Not many options.

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Financial services Bankruptcy Law Firms Creditors 59

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

UK debt collections

OCTOBER 15, 2021

The Financial Services and Retail sectors top the charts for longest payment delays with a shocking 33% of all invoices going unpaid in September alone. Contrary to initial expectations, the new Insolvency Forecast reports UK business insolvencies declined 27% in 2020 as a result of fiscal support schemes and anti-bankruptcy measures.

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Collections Bankruptcy Retail Collection Agencies 79

True Accord

AUGUST 11, 2022

Overall, lower levels of financial literacy end up contributing to increased rates of bankruptcy, defaults, and foreclosures. And individuals become more susceptible to going further into debt if they don’t have a solid foundational understanding of what happens when they first fall behind.

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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. 11 U.S.C. §

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Bankruptcy Chapter 13 bankruptcy Construction Debtor 40

Jimerson Firm

NOVEMBER 11, 2020

a bankruptcy filing, business shutdown, or foreclosure by a prior lienholder) that caused the loan to be classified in liquidation status or sooner if the collateral could be removed, lost, or dissipated. Within fifteen (15) days of the occurrence of an adverse event (i.e.

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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.

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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)

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