Questions about the fairness of the current credit reporting system have recently started to take new prominence with the National Consumer Law Center releasing a report The Credit Score Pandemic Paradox and Credit Invisibility and blog posts on Creditslips.org offering policy solutions in Addressing Credit Invisibility Through Federal Contracting Power.
The Virginia
Department of Social Services, Division of Child Support Enforcement, sought to
obtain post-petition funds held by the Trustee following the dismissal of Mr.
Webb’s unconfirmed Chapter 13 case to apply against his delinquent child
support.
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.
Summary:
Ms. Calloway divorced Mr. Bowles and shortly before a final judgment was entered in their equitable distribution proceeding, she filed Chapter 13. Just prior to Ms. Calloway’s bankruptcy filing, the state court judge circulated a preliminary ruling to the parties via email, stating that he believed an unequal distribution of the marital assets in favor of Mr. Bowles would be equitable and that Ms.
