Summary:
B-Line purchased a charge account that the Debtors originally had with Kay Jewelers, which had been listed as a creditor on Schedule F of the Debtors’ petition, with a balance owing of $860.61. Following the filing of the Debtors’ bankruptcy, B-Line solicited a reaffirmation from the Debtors, including a warning/threat that “If the Jewelry purchased under this secured account have been destroyed, gifted or transferred, or sold, [B-Line] may have a non-dischargeability cause of action against you/your client(s) under 11 U.S.C.
Summary:
Epps purchased a vehicle from Thompson Toyota subject to a retail sales installment contract ("RIC") that provided, among other things, that it was subject to federal and Maryland law, including the Maryland Closed End Credit Provisions ("CLEC"). The note was later assigned to Chase. When Epps later defaulted, Chase repossessed the vehicle and notified Epps of its intent to sell the vehicle. Contrary to the provisions of CLEC, however, Chase did not notify Epps of the current location of the vehicle or where and when it was to be sold. E
Summary:
Citibank brought suit against the Debtor seeking to recover $5,108.89, which it alleged was owed on a credit card, originally issued by AT&T Universal Card in 1995 and acquired by Citibank in 2002. The Debtor disputed the amount owed, alleging that Citibank had changed the interest rate on the credit card without notifying him. Citibank did not respond to the Debtor’s discovery seeking a copy of the original credit card agreement, asserting that the request sough "documents previously provided to ...
In both of these cases a Chapter 13 Debtor brought an action to avoid a security interest under 11 USC § 544. The Court held that the rights and powers of a chapter 13 debtor are set out in § 1303 of the Code as follows:
1. Baldwin.PDF
2.
This note discusses the circuit split that is found regarding whether the FDCPA applies to communications from a debt collector to a debtor's attorney between the Third, Fourth, Seventh and Tenth Circuits.
