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The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a FairDebtCollection Practices Act case over whether the plaintiff meets the statute’s definition of “consumer” and whether the debt is still a debt.
A collection attorney in New York is facing a class-action lawsuit for allegedly violating the FairDebtCollection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc.
A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the FairDebtCollection Practices Act and the Rosenthal FairDebtCollection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.
In this article, we will walk you through Indiana debtcollection laws and some of the many exemptions that help you keep your personal, real, or intangible assets when you file for a Chapter7 in the State of Indiana. What is Chapter7Bankruptcy? DebtCollection Laws: What Can Debt Collectors Do?
You may be considering Chapter7bankruptcy. Consulting with a Chapter7bankruptcy attorney in Boulder, CO, can help determine if it is the right solution. Our blog will provide a general overview of Chapter7bankruptcy. Filing for Chapter7bankruptcy triggers an automatic stay.
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 Chapter7 and Chapter 13 Bankruptcy apart. What does each one mean?
The plaintiff, an individual consumer, filed a chapter7bankruptcy 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.
Currently, consumers who file for Chapter7bankruptcy relief generally receive their discharges in approximately 90 days. Consumers under Chapter 13 receive their discharges after the successful completion of a three- or five-year repayment plan. Some Consumers Receive Immediate Discharges without Making Any Payments.
And debt buyers often lack the necessary documentation to prove either that they have the right to pursue the claim or that the amount owed is accurate. If a debt buyer or collection agency has violated a consumer protection statute such as the FairDebtCollection Practices Act (FDCPA)–and they often do–that provides leverage to fight back.
A District Court judge in California has denied a defendant’s argument that it does not meet the definition of a debt collector under the FairDebtCollection Practices Act and ruled that the plaintiff’s claims can proceed.
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