Tag Archives: Bankruptcy

A Magistrate Court judge in Puerto Rico has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it sent a letter to an individual attempting to collect on a debt that had been included in a petition for bankruptcy, ruling …

A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue after being called three times by the defendant following the plaintiff filing for bankruptcy protection. A copy of the ruling in the …

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper …

The Bankruptcy Appellate Panel, Ninth Circuit, has overturned a bankruptcy’s court ruling that awarded a debtor attorney’s fees after a debt collector filed proofs of claim that were time-barred. A copy of the ruling in the case of LVNV Funding v. Andrade-Garcia can be accessed by clicking here. The debtor …

A District Court judge in Florida has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case for allegedly disregarded cease-and-desist letters sent by an individual after receiving text messages and collection letters from the defendant while the individual had a pending bankruptcy …

Offering a “microcosm” of the “national problem” of the financial issues caused by illness and injuries leading to individuals being forced to file for bankruptcy protection, a state consumer advocacy group has published a report detailing that 60% of bankruptcy filings included some form of medical debt. The report, which …

The Court of Appeals for the Second Circuit has upheld a lower court’s ruling allowing a plaintiff’s private student loans to be discharged as part of his bankruptcy filing, ruling that the provision of the bankruptcy code that prohibits the discharge of “an obligation to repay funds received as an …

Compliance is not always binary. It is not always black-and-white. Sometimes, companies are going to have to make choices based on how risky or conservative they want to be. Those situations feature prominently in the latest episode of “Ask The Credit Reporting Expert” in which Sarah DeMoss, the Director of …

A quintet of Senate Democrats have introduced a bill that aims to make it easier for consumers to have student loans and medical debts discharged when filing for bankruptcy protection. The Medical Bankruptcy Fairness Act of 2021, S.146, was introduced by Sen. Sheldon Whitehouse [D-R.I.], Sen. Sherrod Brown [D-Ohio], Sen. …