(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021) Imagine this is an article entitled Wiley Champion, Esq. Instructs How To Win Your Case Every Time. Enticing for sure. You start reading. The opening paragraph needlessly re-states the title, needlessly names the author, who is already mentioned in the title, and then defines the...
From the Editor – Claims and Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
Objection to stale proof of claim not barred by res judicata effect of confirmation. Following confirmation, the debtors objected to the proof of claim filed by LVNV Funding on the basis of the claim being time barred, and LVNV responded that the confirmed plan barred objection, relying on Covert v. LVNV Funding, LLC, 779 F.3d 242 (4th Cir. 2015). The bankruptcy court found that this plan contained a reservation of rights clause, which was part of the district’s form plan, and the clause was specific . . .
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