Consumer Financial Services Law

AUGUST 31, 2016

Joining the proof of claim fray, the Fourth Circuit has held that the filing of a time barred proof of claim does not violate the FDCPA when the statute of limitations does not extinguish the debt. Dubois v. Atlas Acquisitions, No. 15-1495, 2016 U.S. App. LEXIS, *22-23 (4 th Cir. Aug. 25, 2016). In joining the majority of circuits, the Fourth Circuit held that while filing a proof of claim is debt collection activity regulated by the FDCPA, the filing of a proof of claim that is time barred does

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Chapter 13 bankruptcy Bankruptcy Debt collector Acquisition 40

Ks Law

AUGUST 30, 2016

I attend a lot of seminars and educational programs dealing with bankruptcy and related issues. Usually the information is valuable to my practice and to my clients, but I recently attended a seminar where an attorney stated to the audience that we should never advise our clients to incur debts while we are planning on filing their bankruptcy case.

Bankruptcy 40

Bankruptcy Debtor Creditors Education 40

The Creditors Rights

AUGUST 30, 2016

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. After he filed a chapter 13 petition, Neff recorded a quit-claim deed transferring a condominium from himself to a trust. This first chapter 13 case was dismissed, as was a second chapter 13 case filed by Neff. Neff then filed his third bankruptcy case, a chapter 7 proceeding, more than one year following the recording of the quit-claim deed.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

The McHughes Law Firm

AUGUST 29, 2016

New business debt collection may be the last thing on your mind as you juggle all the different moving parts the come with starting a business. But it can be a deciding factor if your business is to survive and thrive. If you are in the process of starting a new business, debt collection on past due accounts is likely not even on your radar yet. However, establishing a process on how to collect debt is a crucial component of any business – no matter what the age.

Collections 40

Collections Debtor Law Firms Collection Agencies 40

Speaker: Mark Stovel

When it comes to automating, many firms focus on finding the latest tech, believing that efficiency is something achieved through new tools. Yet true efficiency is achieved by delivering real value to clients, not merely by upgraded systems. Without a clear approach, no level of automation can overcome the complexities of serving every client’s needs.

Recoverity

AUGUST 26, 2016

National Recovery Agency’s Corporate Values. There is no substitute for experience. When you are a client of ours, we go the extra mile to service your accounts. We perform management audits at each step of the collection process to assure maximum results on each account. We address your specific needs to bring you the highest return possible.

Collections 40

Collections Collection Agencies Collections Agency 40

Consumer Financial Services Law

AUGUST 30, 2016

By Mark J. Dobosz August 22, 2016 A recent New York Times article by Nathaniel Popper reported the following, “Data from the Federal Reserve indicates that the percentage of Americans under 35 who hold credit card debt has fallen to its lowest levels since 1989…” Popper goes on to say, “Their reluctance could have lasting repercussions for millennials, as well as for the financial system and the economy.

Subrogation 40

Subrogation Creditor's Rights Creditors Student Loans 40

Consumer Financial Services Law

AUGUST 29, 2016

The CFPB has entered into a Consent Order with Wells Fargo Bank, N.A. asserting that it engaged in unfair and deceptive practices related to its student loan servicing practices. Specifically, the CFPB contended that Wells Fargo’s payment allocation and payment aggregation practices were unfair and deceptive and that it engaged in unfair practices related to credit reporting and late fees.

Student Loans 40

Student Loans Student loans Loans Banks 40

The Creditors Rights

AUGUST 16, 2016

The Second Circuit ’s recent opinion in The Matter of: Motors Liquidation Company , 2016 WL 3766237 (2 nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates. This decision comes in the bankruptcy proceedings of General Motors, in which the debtor’s assets were sold by “Old GM” to “ New GM ” free and clear of all liens, interests, claims and encumbrances, including claims of successor liability, within weeks after the petition was filed.

Bankruptcy 40

Bankruptcy Debtor Creditor's Rights Creditors 40

Recoverity

AUGUST 9, 2016

Simon’s Agency, Inc. has a proven 50-year track record of client satisfaction by leveraging advanced technology, one-on-one client relations and the vast experience of our management team and multi-lingual collections staff to recover our clients’ outstanding receivables. We understand the importance of good bedside manners when it comes to collections and execute with firm, yet compassionate, language and tact.

Collection Agencies 40

Collection Agencies Collections Agency Debt Recovery Collections 40

Speaker: Brian Muse-McKenney, Chief Revenue Officer & Matt Simester, Cards and Payments Expert

In today’s world of social media, dating apps, and remote work, businesses risk becoming irrelevant (or getting "ghosted") if they fail to meet the evolving needs of Gen Z consumers. Credit cards with flexible payment options, especially for young adults with little-to-no credit history, are a particularly important and valuable solution for this generation.

Banks

Consumer Financial Services Law

AUGUST 8, 2016

A district court in Michigan has determined that plaintiffs should be held to a heightened pleading standard for willful violations for the TCPA. Duchene v. OnStar, LLC , Case No. 15-13337, 2016 U.S. Dist. LEXIS 97129 (E.D. Mich. Jul. 26, 2016). In Duchene , plaintiff alleged that he received a number of calls from defendant on his cell phone without his prior express consent.

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The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC , 758 F.3d 1254 (11 th Circ. 2014). The United States District Court for the Southern District of Alabama subsequently held the Crawford decision as placing the FDCPA and the Bankruptcy Code in irreconcilable conflict.

Debt collector 40

Debt collector Fair Debt Collection Bankruptcy Creditors 40