Watch Your Language

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck

Case Summary:

McLaughlin v. Phelan Hallinan & Schmieg, LLP, 2014 WL 2883891 (3rd Cir. June 26, 2014). A mortgage company, in error, believed that Timothy McLaughlin was in default and referred the matter to the law firm Phelan Hallinan & Schmieg, LLP (“PHS”). PHS sent a letter to McLaughlin. The letter included language that PHS was a debt collector attempting to collect a debt and information PHS obtained could be used for that purpose. The letter included an invoice-like presentation of the amount due . . .

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In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant. 11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance...

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Watch Your Language

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Related Articles

Re-Examining the Means Test Cost of Home Ownership

Representing Elderly Clients in Bankruptcy – Part 3 of 3

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