From the Editor – Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA claim preempted by Bankruptcy Code. Former Chapter 13 debtor filed a FDCPA suit in district court, alleging that the mortgage creditor violated the Act by threatening foreclosure of a debt that had been cured in the plan, with ongoing mortgage payments to be paid after plan completion. The creditor had sent the former debtor notice of arrears, and the court discussed the split of judicial authority on preemption. Citing Simmons v. Roundup Funding, LLC, 622 F.3d 93 (2d Cir. 2010), the court held that the . . .

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.

CHAPTER 12 CONFERENCE ● FARM REORGANIZATION ● 3 HOURS OF CLE

The Academy

January 12, 2025

The Association of Chapter 12 Trustees is excited to announce its virtual seminar scheduled for February 13, 2025. The seminar is a one-day virtual seminar with three sessions.The ACT12 board and officers have worked hard to put together a seminar packed full of great information. REGISTER NOW!

Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

Members

Sneak Attack on Consumer Rights

Cathy Moran

November 3, 2024

“These suits now regularly result in the plaintiff being in deep debt to the IRS with insufficient funds to pay even the tax. AKA: Tax Hell.”

Members

More Federal Student Loan Debt Relief is Coming

Scott Waterman

March 24, 2024

An ordinary title for a very NON-ordinary article! A computer program which will accurately predict whether a borrower will default and relief extended based on the data. WHAAAT???

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or Email Password Remember me...

Members

ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property

July 7, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) The Commission heard from several individuals and attorneys that related tales of Chapter 7 trustees negotiating a “carve out” with a lienholder on the debtor’s real property when there was no equity available in the property. The way this works is that when property came into a Chapter 7...

Members

MEMORIAL DAY

The Academy

May 26, 2024

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...

Members

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

Impact of COVID-19 and the CARES ACT on Mortgages

April 19, 2020

By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...

Members