U.S. Supreme Court Rules on Santander; Definition of "Debt Collector" under FDCPA Still Unclear for Debt BuyersJune 15, 2017 | David Mullen, Esq.
On June 12, 2017, the Supreme Court of the United States (the Court) released a unanimous decision in Henson, et al v. Santander Consumer USA Inc. The case focused on the interpretation of a section of the Fair Debt Collection Practices Act (FDCPA) definition of "debt collector" and its application to debt buyers....Read More
U.S. Supreme Court Rules that Fair Debt Practices Act Does Not Apply to Time-Barred Proofs of Claims Filed in Bankruptcy Cases, Midland Funding LLC v. JohnsonMay 16, 2017 | Jason K. Wright, Esq.
On May 15, 2017, the Supreme Court of the United States (SCOTUS) issued a decision in Midland Funding, LLC v. Johnson, ruling that filing an obviously time-barred proof of claim in a Chapter 13 case does not violate the Fair Debt Collection Practices Act (FDCPA). In doing so, SCOTUS overturned an Eleventh Circuit decision which would have allowed debtors to file suit for damages ? and potentially for sanctions and attorneys' fees ? against creditors who filed time-barred proofs of claim. SCOTUS also resolved a conflict of authority within the circuits on this issue, as three other circuits (the Fourth, Seventh and Eighth) had ruled that the FDCPA does not apply to claims filed in a bankruptcy case....Read More
A lawsuit is filed, judgment is awarded and the defendant still fails to pay the creditor. This scenario is all too common; it can sometimes take years and require multiple strategies to collect a judgment. In Ohio, a judgment eventually becomes dormant, unless steps are taken to keep it active. Recent changes to Ohio law have updated creditors' rights regarding dormancy. In addition, when a judgment creditor seeks to attach a defendant's property, streamlined procedures are now available if a third party claims ownership of that property....Read More
Can a Mortgage Holder with a Defectively-Executed Mortgage Assignment Succeed in a Foreclosure Case?April 27, 2017 | Larry R. Rothenberg, Esq.
It is common for the plaintiff in a foreclosure case to have acquired the note and mortgage from the original lender. Typically, the original note holder transfers its rights in the note by indorsing the original note or signing an allonge and then delivering the original note to the new note holder....Read More
On March 16, 2017, Kentucky Governor Matt Bevin signed Kentucky House Bill 223 into law - bringing about significant changes to Kentucky's statutory interest provisions....Read More
Kentucky Supreme Court Case Adopts 6th Circuit's Prohibition of Pre-Judgment Interest on Open-end Credit AccountsApril 5, 2017 | James T. Hart, Esq.
A debt-collector seeking contractual or statutory pre-judgment interest on a credit card account after the account has been charged-off may be in violation of the Federal Fair Debt Collection Practices Act (FDCPA), according to a Kentucky Supreme Court decision made on February 16, 2017 in the case of Unifund CCR Partners v. Harrell, 2015-SC-000117-DG....Read More
- Weltman, Weinberg & Reis Co., LPA Shareholder Keri P. Ebeck Receives American Legal & Financial Network's "JPEG: Picture the Future" Award
- Weltman, Weinberg & Reis Co., LPA Welcomes Attorney Kevin J. Cummings
- Weltman, Weinberg & Reis Co., LPA Shareholder Keri P. Ebeck Elected Secretary of the Allegheny County Bar Association's Bankruptcy and Commercial Law Section
- Weltman, Weinberg & Reis Co., LPA Attorney Christopher B. Best Elected to Board of Directors for the Michigan Creditors Bar Association
- Weltman, Weinberg & Reis Co., LPA Attorney Benjamin N. Hoen Admitted to the State Bar of Michigan
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