The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
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.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Claims
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Inconsistency on proof of claim negated prima facie validity and preemption of state law. Examining whether secured creditor was “debt collector” under California’s Rosenthal Fair Debt Collection Practices Act, and concluding that Act’s definition was broad enough to include the creditor, the debtor’s complaint under that Act was preempted by the Bankruptcy Code’s claim objection procedures. Also, the debtor’s RESPA claim was similarly preempted. However, the proof of claim contained inconsistencies on its face as to the amount of the claim, negating the prima . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Fond Farewell to Danny O’Brien
Meet A Newish Trustee
Is Nunc Pro Tunc Really Sunk?
Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy
To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”
The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019
From the Editor – Claims
Critical Case Comment
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
What the FICO? Reaffirming Doesn’t Help My Credit Score?