From the Editor – Fair Debt Collection Practices Act

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 . . .

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.

Related Articles

Gardner
November 13, 2022
Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...
Members
moran_cathy
March 3, 2024
The skills of a consumer bankruptcy lawyer must include a healthy dose of the skillset of a teacher. More on listening/communicating with Clients: Who Is Stupid Here? Why Listening Is a Bankruptcy Lawyer’s Superpower
Members
Copy of Hildebrand-2016
March 31, 2024
Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).
Members
Academy-Circle-Logo-gold-Consumer Bankruptcy Diary 2
December 15, 2024
In the 1979 Steve Martin movie The Jerk, Martin’s character, Navin Johnson, proclaims “I’m somebody” because his name is listed in the phone book. In 2024 to be “somebody” equates to being on Spotify. Well, The Academy is formally SOMEBODY. We have just launched our first 2 podcast episodes – 3002.1 Debtor Attorneys Were Gobsmacked Parts 1 and 2. Join a funny and frank discussion between Podcast Host Jody Bledsoe and our guest Hilary Bonial.
AAA_4864
February 6, 2022
(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) III. Contrasting the Majority and Minority Interpretations The majority and minority approaches differ as to (1) the interpretation of the use of "collect" in § 586(e); (2) the operative effect of parallel provisions in chapters 11 and 12 on the interpretation of §...
Members
NN Photo
May 1, 2022
The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...
Members
September 22, 2019
By The Honorable William Houston Brown (Retired) Tax foreclosure sale avoided as preference. Affirming the District and Bankruptcy Courts, at 571 B.R. 662 and 588 B.R. 394, the Third Circuit held that the Chapter 13 debtors could avoid a pre-petition tax foreclosure sale as a preferential transfer. The township held a properly noticed tax sale at public auction, which resulted...
Members
February 17, 2019
Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...
September 25, 2022
Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....
Copy of Hildebrand-2016
June 29, 2025
Providing notice to a creditor at an address listed on a credit report did not prevent the bankruptcy court from an annulment of the automatic stay resulting in validation of post-petition foreclosure of debtor’s home.
Members

Looking to Become a Member?

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.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: