For the past year, the industry’s attention has been focused on the Debt Collection Rule (the “Rule”), its changes, and the new expectations it will place on debt collectors; but as the rubber meets the road, collection...more
In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more
11/22/2019
/ Adversary Proceedings ,
Appeals ,
Arbitration ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 13 ,
Conflicts of Laws ,
Congressional Intent ,
Creditors ,
Debtors ,
Dischargeable Debts ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Injunctions ,
Interlocutory Appeals ,
Motion to Compel ,
Reaffirmation ,
SCOTUS
A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and...more
8/28/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Cease and Desist ,
Chapter 7 ,
Communication Restrictions ,
Consumer Bankruptcy ,
Debt Collection ,
Debtors ,
Foreclosure ,
Loss Mitigation ,
Mortgage Lenders ,
Right To Cure ,
Short Sales
The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by verifying that its letters accurately conveyed the information received...more
A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. In Santibanez v. National Credit Systems, Inc., the debt collector’s initial letter stated as follows...more