Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)

Part I: Derby v. Portfolio Recovery Associates

Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va. Sept. 29, 2020) (“Derby IV”). This litigation—which began as a proposed class action seeking remedies under the Fair . . .

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Think Beyond The Means Test

August 23, 2020

By Cathy Moran, Esq. (Redwood City, CA) It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well-seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his...

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Proactive Client Communication Strategy: Flood the Zone

Cathy Moran

January 26, 2025

Jen Lee is spot-on highlighting poor client communication as the source of both individual client anguish and with discontent with the legal profession as a whole. Failure to return calls is the most frequent complaint to the state bar where I practice. See also: -Stop the Chaos and Fix Client Communication with Smart Tech -Spitballing Chapter 13’s Image Makeover -Ditch the Bankruptcy Jargon—Marketing Chapter 13 as the Ultimate Solution (Note that there are a few comments on this article.) Thoughts on a Chapter 13 image makeover? Let us hear from you.

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Objections Matter: Stay Imposition Denied

Henry E. Hildebrand, III

September 7, 2025

Chapter 13 debtors who file new case within a year of dismissal of two prior cases must satisfy a heavy burden of proof demonstrating good faith; presumption that the case is not filed in good faith mandates demonstration of a change in circumstances.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

August 7, 2022

Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

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Early Christmas Present for Chapter 13 Bankruptcy Attorneys

M. Jonathan Hayes

December 1, 2024

Saldana v. Bronitsky – The facts.

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Meet Another Trustee

February 10, 2019

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division. Ms. Hatcher replaces retiring Trustee Michael Ford. She maintains her office in the quaint Southern town of Decatur which is nicknamed “The River City” because it is on the banks of Wheeler Lake, along the Tennessee River. Prior to...

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Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

July 18, 2021

A Brief Summary of "Strip Down" and "Strip Off" Rules Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Most Academy readers do not need an in-depth primer on lien-stripping, but this Appendix is designed to provide a high-level summary of the most important rules involved, as interpreted by the courts since enactment of the Bankruptcy Code and as affected...

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Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

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Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

August 2, 2020

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...

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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

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Related Articles

Think Beyond The Means Test

Proactive Client Communication Strategy: Flood the Zone

More Questions on the Mortgage Interest Deduction

Objections Matter: Stay Imposition Denied

Ask Ms. Ps & Qs

Early Christmas Present for Chapter 13 Bankruptcy Attorneys

Meet Another Trustee

Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

Rule 12(b)(1) Dismissal

Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

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