By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
From Morgan King’s Guide to Abusive Debt Collection Practice
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¶ 3.1(b) The Telephone
In Abrams v. MiraMed Revenue Grp., LLC (S.D. Ind., 2013) the debtor claimed the debt collector contacted her notwithstanding the collector knew or should have known that the debtor was represented by counsel and violated 15 U.S.C. § 1692c(a)(2).
The court said:
"Kirk alleges that MMRG improperly placed 39 telephone calls to his house over a nine-week period in violation of 15 U.S.C. § 1692d(5); that MMRG improperly attempted to communicate with Mr. Kirk after being informed that Mr. Kirk obtained counsel."
The Act . . .
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