2008 May 02 : Bankruptcy Law Network

Archive for May 2nd, 2008

Tangled Webs of Copper Meet in Bankruptcy Court »

By Wendell Sherk, Missouri Attorney on May 2, 2008 in Bankruptcy Cases of Interest, Chapter 11 Bankruptcy, Missouri, Texas | 0 Comments

Bankruptcy courts stage some of the most complicated and exotic dramas imaginable. Have you heard the one about the Mexican mining company that is being sued by its own subsidiary while simultaneously trying to buy it back? It’s a tale that could only be told in bankruptcy court.
The story begins in 1999 when [...]

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PA State Law Protecting Consumers from Debt Collectors

Pennsylvania has a law that somewhat mirrors the Fair Debt Collection Practices Act (FDCPA). It is called the Pennsylvania Fair Credit Extension Uniformity Act. In general, it provides consumers protection from debt collectors AND creditors. What follows is a brief summary of the law. A creditor and/or debt collector may not: Communicate with a third party about your [...]

PA Consumer Resource for Complaints About Abusive Debt Collectors

The Pennsylvania State Attorney General’s Office, Bureau of Consumer Protection is another resource for consumers harassed by debt collectors. The AG’s office will not bring a private action for you, but they will take your complaint. Please click here to read about the AG’s complaint process. The following are links and telephone numbers to assist you: Consumer [...]

Debt Collection After Bankruptcy Filing

After you file for bankruptcy, you receive protection from debt collection by the automatic stay. This is a Federal law that prohibits your creditors (and debt collectors) from attempting to collect debts during the pendency of your bankruptcy, with some exceptions. When you receive a discharge in bankruptcy, the automatic stay becomes permanent and any [...]

They Aren’t “Technical Violations,” It’s Called STRICT LIABILITY

The FDCPA is one of those interesting statutes that creates strict liability for a violation of it. Strict liability is liability imposed without regard to fault. Therefore, if a violation of the FDCPA is proven, the debt collector is liable. The simplest example of this is found in a “letter violation.” That is, when a [...]

Congress’ Intent When Writing the FDCPA: Protect Consumers First & Foremost

There is a section in the FDCPA entitled “Congressional findings and declaration of purpose.” For those of you not familiar with reading laws, this section essentially sets out what Congress had in mind when writing the FDCPA. Arguably, this section can be used as a guide when encountering a question involving the remaining provisions of [...]

Archive for May 2nd, 2008

Tangled Webs of Copper Meet in Bankruptcy Court »

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