Eleventh Circuit says attorney violates BAPCA by encouraging debtor to pay attorney fee by…

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, (“Act”) amended federal law to impose new requirements on professionals who assist with the preparation of bankruptcy petitions. The provision at issue in a recent decision from the Eleventh Circuit, Cadwell v. Kaufman, Englett & Lynd, PLLC, 886 F.3d 1153…

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Cash collateral order in bankruptcy constitutes “constructive possession” of property sufficient to allow mortgagee…

Addressed in U.S. Bank Nat’l Ass’n v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Mar. 29, 2018) was whether a mortgagee holding an assignment of rents was entitled to collect rents before a receiver was appointed on the basis that a bankruptcy court had previously ordered that the rents…

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Illinois federal court finds collection letter listing interest and other charges as $0 is…

The debtor in Delgado v. Client Servs., Inc., No. 17 C 4364 (N.D. Ill. Mar. 7, 2018) sued the debt collector under the FDCPA by sending a misleading letter regarding a dunning letter that reference the balance due at charge-off “2,619.26”, interest at “0.00”, other charges at “0”, payments made…

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Ninth Circuit says receipt containing credit card’s full expiration date violates FCRA but is…

In Bassett v. ABM Parking Services, Inc., 883 F.3d 776 (Feb. 21, 2018), the United States Court of Appeals for the Ninth Circuit held that a consumer who received a credit card receipt that improperly contained the full expiration date in violation the Fair Credit Reporting Act (“FCRA”) failed to…

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Sixth Circuit holds Article III jurisdiction lacking for claims under the FDCPA where no…

In Hagy v. Demers & Adams, No. 17-3696, 882 F.3d 616 (Feb. 16, 2018), two borrowers took out a loan for a mobile home on which they subsequently defaulted, prompting the lender to foreclose. The parties resolved the case through a deed in lieu and the lender dismissed the foreclosure.…

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Entry of “cash collateral” order in bankruptcy constitutes “constructive possession” of the property sufficient…

The main issue addressed in U.S. Bank Nat’l Ass’n v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Mar. 29, 2018) is whether a mortgagee holding an assignment of rents was entitled to collect rents before it a was receiver appointed where a bankruptcy court had previously ordered that the…

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Two unsolicited phone calls are concrete injury for standing purposes, Illinois district court says

The Plaintiff in Abante Rooter & Plumbing, Inc. v. Oh Insurance Agency, No. 15-CV-9025 (N.D. Ill. Feb. 20, 2018) brought a class action under the TCPA alleging they used an autodialer to make two unsolicited and pre-recorded sales calls to Plaintiff’s cellular phone. One call went to voice-mail and the…

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Florida district court holds that TCPA claim fails because calls placed to number that…

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-CIV (S.D. Fla. Jan. 26, 2018), Plaintiff sued her mortgagee and servicer for violations of the FDCPA, the Florida Consumer Collections Practices Act (“FCCPA”), and the Telephone Consumer Protection Act (“TCPA”) all related to the servicer’s written and telephonic attempts to collect…

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Illinois district court holds that filing an unsuccessful foreclosure action is not a violation…

In Skibbe v. U.S. Bank, et al. No. 16 C 192 (N.D. Ill. Feb. 15, 2018), the United State District Court for the Northern District of Illinois District granted summary judgment to a mortgagee and the firm retained to handle a state court foreclosure on an FDCPA claim which asserted…

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Utah district court finds that state law debt collection claims are not barred when…

In Naranjo v. The Cherrington Firm, LLC, 2-17-cv-00645 (Jan. 22, 2018) the United State District Court for the District of Utah found in favor of the consumer that his Utah Consumer Sales Protection Act (“UCSPA”) claim was not barred by the Fair Debt Collection Practices Act (“FDCPA”). In Naranjo, the…

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