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.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Fair Debt Collection Practices Act
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Proof of claim by debt collector did not trigger FDCPA violation. Granting debt collector’s motion to dismiss the Chapter 13 debtor’s putative class action, which alleged violations of the FDCPA when the debt collector was not licensed in the State of Florida, the district court held that proofs of claim were “formal pleadings in a civil action for purposes of the FDCPA.” As a result, proofs of claim are specifically excluded from the “initial communication” requirements of the Act’s § 1692. The Bankruptcy Code precludes causes of . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
Delinquent Utilities and Disconnection Under New Bankruptcy Provision
How Guarantors Can Escape Tax on Soured Debt
Meet an AO Trustee
There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040
When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
Why Listening Is a Bankruptcy Lawyer’s Superpower
Subchapter V Update
A Modern American Tale: When Mom’s Reverse Mortgage Comes Due
Critical Case Comment – In the Windfalls Category
Critical Case Comment – Pre to Pre and Post to Post