From the Editor’s Desk – Fair Debt Collection Practices Act

-

Link to Post:

By The Honorable William Houston Brown (Retired)

FDCPA claim may arise from communication to debtor. After the Chapter 7 case was filed, a law firm, acting on behalf of a creditor, sent a letter to the debtor’s counsel suggesting settlement to prevent the creditor pursuing a dischargeability proceeding. A Rule 2004 examination was scheduled but quashed by the bankruptcy court because of defective issuance and service. The Third Circuit held that the letter and notice of Rule 2004 examination were “communications” within the meaning of the FDCPA, constituting attempts to collect a credit card debt. The court . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020
By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...
View Article
Members

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...
View Article
Members
daryl smith

Crime Does Pay in Bankruptcy

September 15, 2024
The statutes and case law surrounding bankruptcy and criminal debts involve nuanced distinctions and rigorous proof requirements. Trustee Smith brings ConsiderChapter13.org readers insight into what is and what is not dischargeable.
View Article
Members
Copy of Hildebrand-2016

Critical Case Comment – Relief from Stay, Check; But Better Act Fast

August 27, 2023
A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.
View Article
Members
lutz

Sixth Circuit Selects Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky

April 28, 2024
The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.
View Article

Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn

August 8, 2021
by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...
View Article
Members

From the Editor – Debtor’s Attorney

May 17, 2020
By The Honorable William Houston Brown (Retired) Sanctions for including foreclosed property in petition. On creditor’s motion, sanctions for attorney fees and costs were awarded against Chapter 13 debtor’s attorney for scheduling as property of estate real property that had been foreclosed and on which debtor’s redemption period had expired. Under Rule 9011(c), a safe harbor letter from the creditor...
View Article
Members
Clarkson2

Listening as the First Principle of Civility

December 7, 2025
“Listening, in this sense, is not passive reception. It is an act of intellectual humility, of openness to persuasion.”
View Article

Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3
View Article
Members
leffler4

What to Do When a Discharged Debt Still Shows as Delinquent on a Credit Report

March 15, 2026
Probably the most common post-discharge credit reporting problem, yet many practitioners are unsure what advice to give once the discharge has been entered. The solution is usually simple, but the order of steps matters. Attorney Leffler offers Academy subscribers a step-by-step guide to the solution.
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government