By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...
From the Editor – Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
Fair Debt Collection Practices Act not preempted by Bankruptcy Code. Chapter 13 debtor brought claims against a mortgage servicer for violations of the automatic stay, FDCPA and Texas Debt Collection Act, and the causes of actions related to the servicer’s filing of Rule 3002.1(c) notice of post-petition fees, expenses and charges, including for real property taxes that had been refunded to the servicer. The court found that the FDCPA was not preempted by the Bankruptcy Code, and that the Act’s and Code’s provisions . . .
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