The Second Circuit has held
that an allegedly inflated proof of claim cannot form the basis for a claim
under the Fair Debt Collection Practices Act. Simmons v. Roundup Funding ,
No. 09-4984 (2 nd Cir. 10/5/10). The opinion can be found here .
In Simmons , Roundup
Funding filed a proof of claim...
Just when you thought that you had heard it
all.... A debt collection agency in Pennsylvania has been accused by
that state's Attorney General of staging fake trials with a fake judge in a
fake courtroom against people who allegedly owed debt. "The Attorney
General's Office told Team...
A new opinion from the Third Circuit Court of Appeals
could lead to more claims under the Fair Debt Collection Practices Act being
filed in Bankruptcy Court. Allen v. LaSalle Bank , N.A., No. 09-1466 (3 rd
Cir. 1/12/11) held that correspondence from a debt collector to a consumer's
Here is another outrageous situation involving illegal
tactics used by some collectors. In this instance, the agency targets
only US military and as part of its routine collection efforts, it threatened
jail time as well as a dishonorable discharge if the service member did not
pay. Happily in this...
WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the
Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does
not displace a district court's discretion to award costs under" Federal Rule
of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled today...
by Amy R. Jonker
A recent Third Circuit reversal paves the way for Fair Debt Collection Practices Act (FDCPA) lawsuits based on minor procedural mishaps in bankruptcy court. This contradicts the law in the Second and Ninth Circuits and in many district and bankruptcy courts that previously have found...
In Simon v. FIA Card Services, N.A. , the U.S. Court of Appeals for the Third Circuit recently ruled that a debtor in a bankruptcy proceeding is not unconditionally precluded from bringing claims under the Fair Debt Collection Practices Act (the “FDCPA”) [ an enhanced version of this opinion...