The Third Circuit has recently held in In re Denby-Peterson, 941 F.3d 115 (3rd Cir. 2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does...more
2/3/2020
/ Affirmative Defenses ,
Asset Seizure ,
Automatic Stay ,
Bankruptcy Court ,
Certiorari ,
Collateral ,
Creditors ,
Debtors ,
Repossess ,
Section 362 ,
Turnover Laws ,
Willful Violations
The FDCPA requires that any lawsuit must be brought, if at all, “within one year from the date on which the violation” of the act occurs. 15 U.S.C. § 1692k(d). The US Supreme Court will hear argument this month in Rotkiske v....more
10/4/2019
/ Appeals ,
Cause of Action Accrual ,
Certiorari ,
Debt Collection ,
Default Judgment ,
Discovery Rule ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
Time-Barred Claims ,
Tolling