James Alston, claiming to have been assigned FDCPA claims from a third party (Louis Greene), brought various claims against National Credit Systems, Inc. under the Fair Debt Collection Practices Act (FDCPA).
The District Court affirmed the Bankruptcy Court’s denial of confirmation of Bobby Goddard’s Chapter 13 plan, holding that the plan was not proposed in good faith under 11 U.S.C. § 1325(a)(3), despite the debtor’s full compliance with the means test under § 1325(b).
Goddard, an above-median income debtor and Army veteran suffering from PTSD, proposed a plan in which he would retain three secured vehicles—a Corvette, a GMC Sierra pickup truck, and a Genesis sedan—while making minimal distributions to unsecured creditors.
Following the 4th Circuit decision in In re Morgan a Chapter 7 trustee can reach entireties property to pay IRS debt even without a pre-existing tax lien.
The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and state law granting, in part, class certification for two classes under Rule 23(a) and (b)(3), but denying certification for a third class.
