Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...
From the Editor – Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
Debtor failed to state FDCPA claim. Granting the defendants’ motion to dismiss, the Chapter 13 debtor’s complaint did not state a cause of action under the FDCPA when the defendants acquired the debt postpetition and the only action they had taken was to file a proof of claim. The complaint did not allege that the proof of claim was abusive or deceptive, distinguishing Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). Hanson v. Antio, LLC, et al., ___ B.R . . .
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