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 – Flynn v. Bankowski, 2009 Bankr. Lexis 398 (1st Cir. B.A.P. March 6, 2009)
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Flynn v. Bankowski, 2009 Bankr. Lexis 398 (1st Cir. B.A.P. March 6, 2009)
Failure of a creditor to raise an objection to a debtor’s Chapter 13 plan which fails to provide for equal monthly payments to a secured creditor constitutes acceptance of the terms of that plan where notice of the plan terms is adequate and service is effective.
Summary of the Case
The debtor’s Chapter 13 plan proposed to make monthly payments . . .
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