Consumer Bankruptcy, Debt Collection

Medical Debt and Bankruptcy: Myths, Realities, and Pathways to Relief

Stotler Hayes Group, LLC on 8/30/2024

As one of the more toxic topics in the United States political and social realms, healthcare, and the debt associated with it, is always at the tip of most people’s tongue. Whether eagerly waiting to argue for proposed...more

Consumer Financial Services 2023 Year in Review and A Look Ahead

Troutman Pepper on 2/1/2024

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more

Delaware Bankruptcy Court Enters $30M Stipulated Judgment Over Deceptive Student Loan Practices

Troutman Pepper on 11/30/2023

On November 20, Delaware Attorney General (AG) Kathy Jennings, along with the Consumer Financial Protection Bureau (CFPB) and 11 other states, announced a settlement in excess of $30 million with Prehired LLC and affiliated...more

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

Burr & Forman on 5/1/2023

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

U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

Foster Swift Collins & Smith on 3/27/2023

On March 1, 2023, the U.S. Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA). The decision, in...more

CFPB scrutinizes discharged private student loan billing and collection practices

Orrick, Herrington & Sutcliffe LLP on 3/27/2023

On March 16, the CFPB released a compliance bulletin discussing student loan servicers’ practice of collecting on private student loans discharged in bankruptcy. ...more

Negotiating with the IRS Collection Division

Gray Reed on 12/17/2021

Once the IRS makes an assessment against a taxpayer, the taxpayer will receive several notices before the IRS takes enforced collection action....more

Six Questions About Involuntary Bankruptcy

Bowditch & Dewey on 9/15/2020

Trying to collect money from someone who cannot or will not pay you is frustrating. That old chestnut about throwing good money after bad comes to mind. Placing an individual or firm (your “debtor”) into bankruptcy is a...more

Getting Paid in Bankruptcy – Part I, Lender Claims

Bowditch & Dewey on 8/21/2020

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more

COVID-19 WATCH LIST – Senators Warren and Brown Propose Pausing All Debt Payments

Spilman Thomas & Battle, PLLC on 5/6/2020

Sen. Elizabeth Warren (D-Mass.) and Sen. Sherrod Brown (D-Ohio) have released a proposal calling on Congress to provide additional protections for consumers during the COVID-19 pandemic. Their proposal notes that an...more

COVID-19: Swiss Government Financial Assistance Measures -COVID-19 – The Swiss government’s measures to support the Swiss economy

White & Case LLP on 4/26/2020

Since mid-March 2020, the Swiss government has enacted a number of measures to mitigate the effects of the coronavirus (“COVID-19”) on the Swiss economy. The most important measure was announced on 20 March 2020 to help...more

Can a Creditor Violate the Automatic Stay in Bankruptcy by Doing Nothing?

Ward and Smith, P.A. on 2/20/2020

Filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. If a creditor wants to continue a lawsuit against a debtor outside of bankruptcy, repossess...more

Should I Stay or Should I Go? Bankruptcy Preemption May Bar FDCPA and FCCPA Claims Either Way

Carlton Fields on 11/14/2019

After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more

Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Smith Debnam Narron Drake Saintsing & Myers,... on 11/12/2019

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. In doing so, the Court rejected the consumer’s attempt to import the FDCPA’s “least sophisticated consumer”...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 4, 2019

Carlton Fields on 10/31/2019

Real Property Update - Foreclosure / Bankruptcy / Surrender: borrower cannot challenge judgment of foreclosure entered upon judicial notice of his statement of intention to surrender the property and order of discharge...more

Financial Services & Title Insurance Update: Week Ending October 11, 2019

Carlton Fields on 10/23/2019

Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more

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

Patrick Malone & Associates P.C. | DC Injury... on 9/30/2019

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

First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

Smith Debnam Narron Drake Saintsing & Myers,... on 8/28/2019

A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019

Carlton Fields on 3/20/2019

Real Property Update - Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more

Bankruptcy Disclaimer Did Not Violate FDCPA

Smith Debnam Narron Drake Saintsing & Myers,... on 3/15/2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. Tyler v. Fabrizio & Brook,...more

Part I: Navigating the Maze of Servicing Discharged Debt

Bradley Arant Boult Cummings LLP on 1/29/2019

Mortgage servicers are plagued by their nebulous relationships with the borrowers who discharge their personal liability in bankruptcy. Issues arise when the borrower whose debt has been discharged continues to engage with...more

Bankruptcy Court: A Safer Place for Debt Collectors

Balch & Bingham LLP on 3/29/2018

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

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

Carlton Fields on 10/18/2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

No Notice: How Unnotified Creditors Can Violate a Discharge Injunction

BCLP on 10/18/2017

Here is the scenario: You are a creditor. You hold clear evidence of a debt that is not disputed by the borrower, an individual. That evidence of debt could be in the form of a note, credit agreement or simply an invoice. ...more

Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

Rumberger | Kirk on 8/22/2017

Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this...more

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