By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15...
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By Wm. Houston Brown, United States Bankruptcy Judge (Retired)
Disallowance of proof of claim did not extinguish lien. The Chapter 13 trustee had objected to second mortgage holder’s proof of claim because the creditor’s name did not match the documents attached to claim, and with no response, the claim was disallowed. However, the confirmed plan treated the debt as long term with monthly payments. After entry of discharge, the servicer on the mortgage changed, and the former debtors argued that the lien was voided by claim disallowance. The district court . . .
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