A bankruptcy court granted summary judgment to a law firm, finding that the law firm’s post-discharge enforcement of a valid lien against property of the consumer did not violate the bankruptcy discharge injunction. 08/08/2022 3:30 P.M. 4 minute read Santangelo v. Clarvit, Ayundeh, No. 21-80165-BPC, 2022 WL 3135917 (Bankr. M.D. Ala. Aug. 4, 2022) By […]
A consumer sued a debt collector for attempting to collect a debt after she had filed for bankruptcy. The debt collector moved to dismiss the case for lack of standing. 07/21/2022 11:15 A.M. 2 minute read Tudela v. Medicredit, Inc., No. 21 C 5515, 2022 WL 2828754 (N.D. Ill. July 20, 2022) By Laura Dadd […]
New search functions are available in our ACA SearchPoint document library to help you find the compliance resources you need with just a few clicks. 07/13/2022 3:00 P.M. 2.5 minute read ACA SearchPoint is always growing and improving. The latest exciting change for our members was a behind-the-scenes project conducted by ACA’s compliance team that […]
The consumer claims that a debt collector violated the FDCPA because it contacted her by text and phone to collect a debt while she was a party to Chapter 13 bankruptcy. The debt collector contends that its text message to the consumer did not violate the FDCPA because it was not an attempt to collect […]
A bankruptcy court held a loan servicer subject to sanctions and ordered it to pay attorney’s fees to a debtor because the servicer continued to send incorrect account statements to a debtor, reflecting the amount of monthly mortgage payments the debtor was supposed to pay before the amount was modified as part of the bankruptcy […]
A bankruptcy court found it lacked subject matter jurisdiction over a consumer’s claims under the FDCPA because the claims did not relate in any way to the consumer’s 2004 bankruptcy case or the bankruptcy estate. 06/06/2022 3:45 P.M. 2.5 minute read In re Disen Colon, No. 5:04-52421-MJC, 2022 WL 1786803 (Bankr. M.D. Pa. June 1, […]
A consumer claimed that a mortgage company violated a series of laws, including the FDCPA. The court found that the mortgage company violated the FDCPA when it sent the consumer a collection letter while knowing that the consumer was represented by an attorney. 04/07/2022 4:00 P.M. 4.5 minute read Neria v. Wells Fargo Bank, N.A., […]
A consumer alleged a student loan creditor violated the FDCPA by attempting to collect a student loan that the consumer believed had been discharged in bankruptcy. The 3rd Circuit Court of Appeals affirmed the dismissal of the FDCPA claims on the grounds that student loan debt is presumptively non-dischargeable under Section 523(a)(8). Under the bankruptcy […]
A Utah district court held that it could not find, as a matter of law, that a data furnisher complied with the FCRA because the defendant continued to report an account as accurate after receipt of an automated dispute from a consumer reporting agency. 02/23/2022 4:00 P.M. 3.5 minute read Noel v. Experian Info. Solutions, […]
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