Michigan Bankruptcy Blog

US Supreme Court Rules Debt Buyers Not Covered by the FDCPA

US Supreme Court Rules Debt Buyers Not Covered by the FDCPA

Supreme Court Further Protects Debt Buyers from FDCPA Unanimous Opinion: Debt Buyers May Abuse Consumers Freely Yesterday, the US Supreme Court issued its second opinion this term regarding the applicability of the Fair Debt Collection Practices Act (FDCPA) to so-called "debt buyers." Debt Buyers are companies such as the notorious Midland Funding, LLC, which make a business of buying "bad debt," often for pennies on the dollar, occasionally for nothing at all, and then collecting on the debt, ...

Posted on June 13th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

Read More

Tags: , , , , , , ,

US Supreme Court OKs Stale Chapter 13 Bankruptcy Proofs of Claim

Proofs of Claim Not Subject to FDCPA Damages in Magical Bankruptcy Land Proofs of Claim for Debts Prohibited by Statute of Limitations Allowed in Chapter 13 Proofs of Claims filed by debt buyers or other collectors seeking to be paid from Chapter 13 bankruptcies for debts that are past individual states' statute of limitation periods are not subject to penalties under the Fair Debt Collections Practices Act ("FDCPA"), says the US Supreme Court. Despite the fact that those ...

Posted on May 25th, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

Read More

Tags: , , , , , , , , ,

The Fair Debt Collection Practices Act: To Whom Does It Apply?

Fair Debt Collections Practices Act: US Supreme Court Poised to Leave Consumers Vulnerable—Yet Again Supreme Court Likely To Find Debt Buyers Not Covered by Fair Debt Collection Practices Act Reuters reports that, last month, during oral arguments in a class action suit filed by consumers against "debt buyers" (companies that buy debt from the original lenders and then attempt to collect on it from the borrower), both Conservative and (allegedly) Liberal Justices of the Court appeared dubious ...

Posted on May 2nd, 2017 by John Hilla - Michigan Bankruptcy Attorney in Michigan Bankruptcy

Read More

Tags: , , , , , , ,