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15 May 2019, 7:21 pm
The phenomenon was not law; it had been the object of an abstract and remote elite political philosophy since the 1970s.[7] It appeared most valuable to the extent which one could pronounce this area “eccentric” rather than for any value where it counted—for tangible value for academics concerned about the collective intellectual movements in their field. [read post]
14 May 2019, 11:40 am
Rather than applying the call attempt limit on a per debt basis when attempting to collect a student debt, the Bureau proposes that the call attempt limit apply to all debts that were serviced under a single account number at the time they were placed with the collector. [read post]
13 May 2019, 3:00 am
Moreover, many states have debt collection statutes modeled after the FDCPA, but which also apply to creditors and servicers collecting debt. [read post]
11 May 2019, 11:47 am
Last Friday the Supreme Court of Texas decided two debt collection cases. [read post]
9 May 2019, 10:32 am
Upon repossession, creditors can take certain measures to mitigate their losses. [read post]
8 May 2019, 1:21 pm
Incidentally, many boilerplate cardmember agreements also contain arbitration agreements, but those rarely become an issue in collection litigation because neither party moves to compel arbitration. [read post]
8 May 2019, 11:26 am
In other words, after a discharge, the creditor may never attempt to collect the money from the debtor. [read post]
8 May 2019, 11:26 am
In other words, after a discharge, the creditor may never attempt to collect the money from the debtor. [read post]
8 May 2019, 7:57 am
On 7 May 2019, the European Banking Authority (EBA) published a letter it sent to the Director General for Financial Stability at the Financial Services and Capital Markets Union (FISMA), dated 5 March 2019, regarding the European Commission’s call for advice (CFA) for the purposes of a benchmarking of national loan enforcement frameworks (including insolvency frameworks) from a bank creditor perspective it issued in January 2019 (our blog is here). [read post]
8 May 2019, 6:00 am
Hammer Time Notwithstanding California law, an employee’s bankruptcy filing triggers an automatic stay that stops creditors’ collection efforts and enforcement actions (subject to some exceptions). [read post]
7 May 2019, 6:26 pm
The proposed rule would apply only to debt collectors covered by the FDCPA, although creditors and servicers acquiring debts before default will feel its impact as well. [read post]
4 May 2019, 12:39 pm
Citibank in one of the most-often cited opinions involving collection of credit card debt: Winchek v. [read post]
2 May 2019, 12:31 pm
A bank does not sell goods or services. [read post]
1 May 2019, 9:01 am
The automatic stay is like a road block to creditors and collection agencies. [read post]
1 May 2019, 7:30 am
Commissioner, 74 T.C. at 494 and the existence of no bona fide debtor creditor relationship. [read post]
29 Apr 2019, 3:00 am
Apr. 26, 2019)(sanctions for failure to admit requests for admissions reversed) That said, REQUESTS FOR ADMISSIONS are routinely served on defendants in consumer debt collection cases by certain debt collection attorneys for certain creditors, and they are designed to be merit-preclusive if they are not denied, meaning that the creditor can then rely on deemed admission to get a judgment.DENY, DENY, DENY The received wisdom among consumer debt defense… [read post]
26 Apr 2019, 3:59 am
Lorenzen, in which the justices considered whether, after a debtor receives a discharge in bankruptcy, a creditor’s good-faith belief that collection activity does not violate the discharge protects the creditor from sanctions for contempt. [read post]
24 Apr 2019, 1:30 pm
Oftentimes, a simple phone call early in the process can save you a lot of money in interest and collection fees. [read post]
24 Apr 2019, 4:04 am
Lorenzen, in which the justices will consider whether, after a debtor receives a discharge in bankruptcy, a creditor’s good-faith belief that collection activity does not violate the discharge protects the creditor from sanctions for contempt. [read post]
16 Apr 2019, 3:12 pm
A., the servicer for the lender hired a law firm, McCarthy & Holthus LLP (the respondent) to act as its agent in carrying out a nonjudicial foreclosure.McCarthy first mailed Mr. [read post]
