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Trial Issues

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021
By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a...
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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC

February 7, 2021
By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt...
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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

January 3, 2021
By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery...
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How to Present an Effective Summary Judgment Motion

August 23, 2020
By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally...
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Objection: Hearsay

July 12, 2020
By Wayne Silver, Wayne Silver Law (Redwood City, CA) There you are, client on the witness stand, judge listening intently,...
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From the Editor – Fair Debt Collection Practices Act

February 2, 2020
By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions...
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From the Editor – Fair Debt Collection Practices Act

February 2, 2020
By The Honorable William Houston Brown (Retired) Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA,...
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From the Editor – Fair Debt Collection Practices Act

February 2, 2020
By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District...
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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

June 23, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2...
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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial...
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