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 . . .

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Up, Up and Away – Chapter 13 Plan Balloon Payments: Permissibility And Feasibility

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The Academy

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

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From the Editor – Fair Debt Collection Practices Act

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Related Articles

Up, Up and Away – Chapter 13 Plan Balloon Payments: Permissibility And Feasibility

How Much Is That Doggy in the Window? The One with the PMSI?

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

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