After selling his business to
Evapco, Mr. Peterson continued to work for Evapco subject to a non-compete
agreement. Despite this, Mr. Peterson
formed other entities which Evapco asserted violated such agreement and
defrauded Evapco. Evapco brought suit in
Maryland, with the court there entering a default judgment as a sanction against
Mr.
The federal Fair Debt Collection Practices Act obliges debt collectors to provide certain notices to consumers from whom they are attempting to collect debts. This article is the authors’ second to report findings from the first academic study of consumer understanding of one of those notices, commonly called the validation notice or “g notice.” The authors showed consumers different versions of collection letters and then asked questions to measure their understanding of the notices.
Mrs. Dev had filed three bankruptcy cases, with the second dismissed on September 12, 2017, and the third filed on February 13, 2018, for the purpose, among others, of stopping the foreclosure of her home by Coastal Federal Credit Union. CFCU brought a Motion for Relief arguing that it lacked adequate protection, that the plan was filed in bad faith, was abusive, and part of a scheme to delay, hinder and defraud CFCU. It sought in rem relief for two years. Ms.
Mr. Tyler obtained a mortgage against his home and eventually fell delinquent and faced foreclosure proceedings. Mr. Tyler then filed a pro se Chapter 7 bankruptcy and commenced an adversary proceeding challenging the foreclosure on host of the usual grounds.
After filing
Ch. 11,
during which case Bank of America filed a Proof of Claim asserting that
it was secured by a Deed of Trust owned by Mr.
McGowan and occupied by his then minor daughter, McGowan converted to
Ch. 7, received a discharge and the real property was abandoned.
Ms. Broughton,
a persistent and likely pernicious debtor and appellant, filed a Chapter 13 bankruptcy proposing to
sell for the benefit of her secured creditors the real property she claimed to
own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.” When this plan was rejected, her case was
converted to Chapter 7. The Trustee
subsequently obtained an order to sell the property free and clear of liens, but
by then Ms. Broughton opposed such sale,
Ms. Broughton,
a persistent and likely pernicious debtor and appellant, filed a Chapter 13 bankruptcy proposing to
sell for the benefit of her secured creditors the real property she claimed to
own in “fee simple absolute; and as trustee for trust for the benefit of her heirs.” When this plan was rejected, her case was
converted to Chapter 7. The Trustee
subsequently obtained an order to sell the property free and clear of liens, but
by then Ms. Broughton opposed such sale,
Over the past
several years, chapter 13 debtors have used the Fair Debt Collection Practices
Act (FDCPA) as a tool to challenge debt buyers who file massive numbers of
proofs of claim for debt for which the statute of limitations has run. In
Midland Funding v. Johnson, the Supreme Court held that filing a proof of claim
for time-barred debt does not violate the FDCPA.
