March 2008

31 Mar FDCPA's Relation to State Laws

The Fair Debt Collection Practices Act, Section 1692n, deals with the issue of conflicting Federal and State debt collection laws.  It provides that the FDCPA does not exempt any person subject to the FDCPA from complying with State debt collection practice laws.  There is one exception - if the FDCPA and the corresponding State law are in conflict.  In that event, the FDCPA does not override the State debt collection law so long as the State law provides any consumer with protection that is greater than the protection provided by the FDCPA.
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30 Mar New Bankruptcy Laws: File By The End Of The Month or Start All Over! Part 2 of 2.

In my last blog, I touched on how Bankruptcy was a "snapshot" in time wherein all information on the bankruptcy petition must be accurate as of the date your bankruptcy petition is actually filed. In this blog, the ramifications of filing a month later is explored. We take the example of filing in April 08 instead of March 08.
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30 Mar New Bankruptcy Laws: File By The End Of The Month or Start All Over! Part 1 of 2.

With the advent of the new Bankruptcy laws in 2005 came a plethora of new changes and requirements, most of which require numerous substantiating documents which also coincide with strict time frames. Failing to supply such documents and/or abide by the new time frames might mean something as slight as continuation of your case to as drastic as complete dismissal!
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