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Consumer Bankruptcy › Debt Collection › Debt Collectors

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Burr & Forman

Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

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In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of...more

Patrick Malone & Associates P.C. | DC Injury...

Is Sanders’ plan to erase $81 billion in U.S. medical debt really all that crazy?

Patrick Malone & Associates P.C. | DC Injury... on

Critics have attacked Sen. Bernie Sanders for his proposal to wipe out $81 billion in medical debt, including by changing rules around debt collection and bankruptcy. He also called for “replacing the giant credit reporting...more

Balch & Bingham LLP

Bankruptcy Court: A Safer Place for Debt Collectors

Balch & Bingham LLP on

Last year, the United States Supreme Court held that the FDCPA’s unique restrictions on debt collectors do not necessarily translate well in the world of bankruptcy. In Midland Funding. LLC v. Johnson, 137 S. Ct. 1407 (2017)...more

Jones Day

From the Top In Brief - July/August 2017

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In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files...more

Foley & Lardner LLP

Midland Funding Highlights Peculiar Feature of Wisconsin's Statute-of-Limitations Law

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The U.S. Supreme Court’s decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations. The 5-3...more

Burr & Forman

Alabama Bankruptcy Court Holds That Filing Proof of Claim for Time-Barred Debt Cannot Give Rise to FDCPA Claim or Sanctions

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In Jenkins v. Midland Credit Management, Inc., the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under...more

Jaburg Wilk

Can I collect my judgment if the other side is appealing?

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Phoenix business law firm Jaburg Wilk Appellate lawyer Kathi Sandweiss talks about what will happen if the opposing party decides to appeal. She also talks about whether or not you are required to appear in court if the other...more

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