(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....
From the Editor – Claims and Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
FDCPA suit dismissed. A district court in the Eleventh Circuit dismissed a debtor’s FDCPA suit, distinguishing Crawford v. LVNV Funding from that Circuit. The court essentially held that objecting to a time-barred proof of claim was a simple procedure in bankruptcy, compared to filing a FDCPA complaint, which undermined the Bankruptcy Code’s claims process. An irreconcilable conflict existed between the Bankruptcy Code and FDCPA, so that the FDCPA claims were precluded by the Code. Mears v. LVNV Funding LLC, 541 B.R . . .
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