Bankruptcy Archives - Page 2 of 35

April 16, 2019 by John Rossman in Bankruptcy

Credit Reporting Debts in Bankruptcy: Deluge of Recent Lawsuits Reveals Risks for Financial Industry

The financial services industry in the United States periodically undergoes changes regarding consumer practices in a tortured and often illogical process. In the first step of this bizarre dance, consumer...

March 27, 2019 by Scott Anderson in Bankruptcy

Divided Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports

On Monday, a divided panel of the Ninth Circuit rejected what is perhaps the most common allegation asserted by plaintiffs as a way of achieving standing under FCRA: that, as...

August 3, 2017 by Tim Bauer in Bankruptcy

Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

On Tuesday a federal judge in Georgia dismissed two separate putative class action cases concerning the filing of Proofs of Claims on Out-of-Statute debt in bankruptcy proceedings. The two cases...

June 12, 2017 by Tim Bauer in Bankruptcy

Judge Orders Bankruptcy Court to Consider Evidence of Trustee and Special Counsel Activity when Considering Request for Sanctions

On May 26, 2017 a federal judge in Florida issued an order in an appeal from a Bankruptcy Court proceeding that could have a chilling impact on the consumer litigation...

May 17, 2017 by Joann Needleman in Bankruptcy

U.S. Supreme Court Rejects FDCPA Liability in Bankruptcy Proceeding

On Monday insideARM reported the breaking news of the SCOTUS decision in Midland Funding, LLC v. Johnson. At the end of that article we suggested that we'd likely see more...

February 2, 2017 by Patrick Tira in Bankruptcy

1st Cir. Holds IRS 1099-A Forms Did Not Violate Discharge Injunction

This post originally appeared on the Consumer Financial Services Blog and is re-published here with permission. The U.S. Court of Appeals for the First Circuit recently affirmed a bankruptcy court’s...

January 25, 2017 by Richard Payne in Bankruptcy

7th Cir. Holds Judgment Against Bankruptcy Debtor’s Husband Did Not Violate Co-Debtor Stay

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 held that a bank’s...

December 15, 2016 by Doug Johnson in Bankruptcy

Judge Grants Collection Agency's Motion For Summary Judgment in FDCPA Bona Fide Error Case

On December 13, 2016, the United States District Court for the Northern District of Illinois granted the defendant’s motion for summary judgment and denied the plaintiff’s motion for summary judgment...

November 28, 2016 in Bankruptcy

9th Cir. Holds Debtor’s Acknowledgement of Debt Does Not Excuse Untimely Proof of Claim

This article previously appeared on Maurice Wutscher's Consumer Financial Services Blog and is republished here with permission. The U.S. Court of Appeals for the Ninth Circuit recently held that if...

November 3, 2016 in Bankruptcy

Florida Court Holds Notice of Bankruptcy Sufficient for ‘Actual Knowledge’ of Representation by Counsel Under FCCPA

This article was originally published on the Maurice Wutscher blog and is republished here with permission.The U.S. District Court for the Middle District of Florida, Orlando Division recently ruled that debtors’ FCCPA...

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