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

Account Recovery

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.

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

Account Recovery

A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc.

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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.

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What Can I Keep if I File For Chapter 7 Bankruptcy?

Sawin & Shea

In this article, we will walk you through Indiana debt collection laws and some of the many exemptions that help you keep your personal, real, or intangible assets when you file for a Chapter 7 in the State of Indiana. What is Chapter 7 Bankruptcy? Debt Collection Laws: What Can Debt Collectors Do?

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How to Stop Creditor Harassment

Debt Free Colorado

You may be considering Chapter 7 bankruptcy. Consulting with a Chapter 7 bankruptcy attorney in Boulder, CO, can help determine if it is the right solution. Our blog will provide a general overview of Chapter 7 bankruptcy. Filing for Chapter 7 bankruptcy triggers an automatic stay.

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Need to Know About Debt Negotiation and Settlement?

Sawin & Shea

Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. What Do the Various Kinds of Bankruptcy Entail? There are many intricacies that set Chapter 7 and Chapter 13 Bankruptcy apart. What does each one mean?

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Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Troutman Sanders

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy 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.