By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15...
Critical Case Comment – Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)
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Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)
“Negative equity” is part of the “purchase price” of a 910 automobile and its existence does not remove the claim from the protection of the “hanging paragraph.”
Summary of the Case
In June of 2005, the debtor purchased a Chevorlet Silverado with a “cash price” of $32,919.12. As part of the transaction, the debtor traded in a 2002 Silverado encumbered with a debt . . .
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