Revisiting the "Debtor Prison"

January 25, 2019      |      James T. Hart, Esq.   

A question I am sometimes asked as a collection lawyer is whether our modern-day civil judicial system operates as or encourages "debtor prisons." I generally laugh at the notion and explain that no, persons are not sent to jail in a civil case simply because they cannot pay a debt owed to another....

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Cobo and the Single Refiling Rule: Pick Your Remedy and Order It Carefully

December 17, 2018      |      Charles A. Walgreen, Esq.   

On November 29, 2018, the Illinois Supreme Court issued its much-anticipated opinion in First Midwest Bank v. Cobo, 2018 IL 123038. The Cobo case focused on the single refiling rule set forth in Section 13-217 of the Illinois Code of Civil Procedure, which prohibits a plaintiff from refiling the same cause of action. The Cobo decision has important compliance and procedural implications for servicers and holders of secured and unsecured loans that commence suit in Illinois....

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H.R.5082 Proposes Change to FDCPA and CFPB

September 12, 2018      |      James G. Kozelek, Esq.   

On February 23, 2018, Representative Alexander Mooney (R-WV) and Representative Vicente Gonzalez (D-TX) introduced H.R.5082 – Practice of Law Technical Clarification Act of 2018, which proposes to remove attorneys from Consumer Financial Protection Bureau (CFPB) supervisory and enforcement authority and from the definition of a debt collector under the Fair Debt Collection Practices Act (FDCPA) when engaged in legal proceedings....

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The Nature and Necessity of Damages Hearings in Ohio

September 6, 2018      |      David Mullen, Esq.   

Occasionally, some courts require parties to prove their damages at a hearing. This is sometimes the case when actions are resolved through motions for default judgment. These hearings usually involve simple presentations of evidence after liability has already been established. However, they can cause a great deal of frustration, especially when judgment as to liability was entered through default, as they require creditor and attorney time, preparation, review, and attendance in court. Some courts also view these damages hearings as another "chance" for a previously disinterested defendant to appear and litigate the matter....

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Select Credit Unions May Still Be Able to Setoff a Member's Funds on Deposit Post-Discharge

August 16, 2018      |      Milos Gvozdenovic, Esq.   

A question I often encounter from credit unions concerning bankrupt members with delinquent accounts is whether they can setoff the debtor's funds on deposit to apply to unpaid loans. The simplest answer is often "no."...

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Trends in Student Loan Dischargeability

June 6, 2018      |      Monette W. Cope, Esq.   

Has anyone not heard about the so-called "student loan crisis?" Americans owe more than $1.48 trillion in student loan debt. That's $620 billion more than the national credit card debt. Those with student loans carry an average debt of $37,172.1 Students, parents and politicians are clamoring for relief. But has anything changed?...

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