Bankruptcy Archives

February 12, 2024 by Stefanie H Jackman in Bankruptcy

Florida Bankruptcy Court Sanctions Debt Buyer for Seeking to Collect Debt that Consumer Failed to Schedule in Bankruptcy Case

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume...

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January 23, 2024 by Alan C. Hochheiser in Bankruptcy

Economy, Pandemic Drove Up Bankruptcy Filings in 2023 With No Abatement Expected This Year

A look back at bankruptcy trends and litigation in 2023 reveals a spike in bankruptcy filings driven by economic factors and fallout from the pandemic while in upper courts several...

January 25, 2023 by Stefanie H Jackman in Bankruptcy

Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s...

December 15, 2020 by Christopher Hahn in Bankruptcy

9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Editor's Note: This article was originally published on the Maurice Wutscher blog and is republished here with permission. The U.S. Court of Appeals for the Ninth Circuit recently reversed an award of summary...

May 14, 2020 by Katie Grzechnik Neill in Bankruptcy

E.D.N.Y.: No Standing for Consumer to Bring FDCPA Claim Because It Wasn't Properly Disclosed in Bankruptcy Petition

It's a tale as old as time for those in the industry. A consumer files a bankruptcy petition without properly listing FDCPA claims, only to later file such bankruptcy-covered claims...

October 22, 2019 by Donald Maurice in Bankruptcy

7th Cir. Holds Creditor Liable for Its Counsel’s Bankruptcy Discharge Violation

Editor's Note: This article was originally published on the Maurice Wutscher blog and is republished here with permission. -- The U.S. Court of Appeals for the Seventh Circuit recently affirmed...

September 3, 2019 by Katie Grzechnik Neill in Bankruptcy

Plaintiff Acted in Bad Faith by Not Disclosing All FDCPA Claims to Bankruptcy Court, Says D.N.J.

Plaintiffs who file for bankruptcy often list potential Fair Debt Collection Practices Act (FDCPA) claims on their schedule of assets. On Friday, August 30, the District of New Jersey calling out...

July 24, 2019 by Jeff Karek in Bankruptcy

SCOTUS Adopts ‘Objectively Reasonable’ Standard for Violations of Bankruptcy Discharge Orders in Context of Civil Contempt

Editor's Note: This article was originally published on the Maurice Wutscher blog and is republished here with permission. -- In determining the legal standard for holding a creditor in civil...

June 13, 2019 by Katie Keich in Bankruptcy

Can Commercial Credit and Collections Companies Do Business with a Company That Filed (or Plans to File) for Bankruptcy?

Can you do business with a company that has/is in the process of filing bankruptcy? Businesses can file for Chapter 7, Chapter 11, or Chapter 13 bankruptcy, based upon the...

May 1, 2019 by John Rossman in Bankruptcy

Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right! (Podcast)

As most debt collectors know, sending any collection notice into Delaware, New Jersey or Pennsylvania (the States with Federal Courts in the Third Circuit) will likely result in an FDCPA...

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