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    Bankruptcy Straight-Talk for Credit Union Members
    2018-02-23

    Bankruptcy is not a sure-fire remedy for credit union members in severe financial distress. While it can provide an avenue for escaping your promises to repay, it can also have some unintended, disagreeable consequences. I have represented credit unions across four states in US Bankruptcy Courts over the last 40 years. During those decades, I found that too many lawyers who file bankruptcies for credit union members are often not discussing all the consequences with their clients.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Smith Debnam Narron Drake Saintsing & Myers LLP, Credit union
    Authors:
    Franklin Drake
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Supreme Court Reverses Bankruptcy Proof of Claim Case
    2017-05-16
    “The law has long treated unenforceability of a claim (due to the expiration of the limitations period) as an affirmative defense … And we see nothing misleading or deceptive in the filing of a proof of claim that, in effect, follows the Code’s similar system.”

    Midland Funding, LLC v. Johnson, (May 15, 2017).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    District Court Takes on the Intersection of Bankruptcy and the FDCPA
    2017-05-12

    A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. In December 2013, Jeziorowski filed a complaint alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act of 1991 (TCPA). Jeziorowski v. Credit Prot. Assn., L.P., 2017 U.S. Dist. LEXIS 66084 (W.D.N.Y. 2017). Shortly after filing suit, Jeziorowski filed bankruptcy pursuant to Chapter 7.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Telecoms, Smith Debnam Narron Drake Saintsing & Myers LLP, Telephone Consumer Protection Act 1991 (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Objection to Proof of Claim Not Barred by Res Judicata
    2017-02-09

    A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of confirmation was entered prior to the objection being filed.In re Haskins, No. 15-60644 (W.D. Va. Jan. 27, 2017) [Dkt No.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, United States bankruptcy court
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Supreme Court Agrees to Hear FDCPA Proof of Claim Case
    2016-10-17

    Last week, the Supreme Court agreed to hear Midland Funding v. Johnson and resolve the split in the circuits over whether the filing of a time barred proof of claim violates the FDCPA and whether the Bankruptcy Code preempts the FDCPA regarding proofs of claim.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Seventh Circuit Joins the Fray Regarding Time Barred Proofs of Claim
    2016-08-16

    Last week, the Seventh Circuit chimed in on whether time barred proofs of claim violate the FDCPA.In Owens v. LVNV Funding, LLC, the Seventh Circuit affirmed three district court decisions which dismissed consumer’s FDCPA claims against debt buyers who filed time barred proofs of claim.Owens v. LVNV Funding, LLC, Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016).In doing so, the Seventh Circuit joins the Second and Eighth Circuits in siding against the Eleventh Circuit’s decision in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Federal preemption, Bankruptcy, Debtor, Statute of limitations, Federal Reporter, Limited liability company, Debt, Fair Debt Collection Practices Act 1977 (USA), Trustee, Eighth Circuit, Eleventh Circuit, Seventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Furnisher Does Not Violate FCRA by Reporting Discharged Debt
    2016-08-09

    A district court in Nevada recently granted a mortgage company’s motion to dismiss FCRA claims where the reported debt had been discharged in bankruptcy.The opinion serves as a reminder of the rules governing the reporting of discharged debt.In Riekki v. Bayview Fin. Loan Servicing, the consumer alleged that the subject debt was discharged pursuant to his Chapter 13 bankruptcy and that the creditor continued to report balances through the pendency of the bankruptcy as well as post-petition.Riekki v. Bayview Financial Loan Servicing, 2:15-cv-2427, 2016 U.S. Dist.

    Filed under:
    USA, Nevada, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Bankruptcy, Debt, Mortgage loan, Involuntary dismissal, Credit score, Bankruptcy discharge
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    District Court Opinion Shows Collateral Impact of Crawford Decision
    2016-08-01

    A recent decision out of the Southern District of Georgia shows the collateral impact of the Crawfordv. LVNV Funding proof of claim decision issued by the Eleventh Circuit.

    Filed under:
    USA, Georgia, Company & Commercial, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Debt, Good faith, Fair Debt Collection Practices Act 1977 (USA), Trustee, Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Eleventh Circuit Expands Crawford Ruling
    2016-06-22

    The Eleventh Circuit has made it clear: it will not back down from its decision in Crawford v. LVNV Funding, a decision it issued in 2014 and one which has been the subject of hot debate ever since. In Crawford, the Eleventh Circuit ruled that the filing of a proof of claim was an attempt to collect a debt and the filing of a proof of claim on time-barred debt violated the FDCPA. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). Since Crawford, the debate has raged on with several courts weighing in on the subject.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Federal Reporter, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit, Third Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Eleventh Circuit Sticks to its Guns: Expands Proofs of Claim Holding
    2016-06-02

    The Eleventh Circuit has made it clear: it will not back down from its decision in Crawford v. LVNV Funding, a decision it issued in 2014 and one which has been the subject of hot debate ever since.In Crawford, the Eleventh Circuit ruled that the filing of a proof of claim was an attempt to collect a debt and that the filing of a proof of claim on time barred debt violated the FDCPA. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Federal Reporter, Debt, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP

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