Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...
Henson v. Santander Consumer USA: What’s Left for Debtors and Trustees to Say to a Repo Man Under the FDCPA?
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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
On June 12, Justice Neil M. Gorsuch issued his first decision for the United States Supreme Court in an opinion of considerable interest to debtors and trustee. In Henson v. Santander Consumer USA, Inc.,1 he authored a unanimous opinion in which the Court ruled that purchasing a defaulted debt and then collecting it does not automatically make the new owner a "debt collector" as defined by the Fair Debt Collection Practices Act (FDCPA).2
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