Southern California Bankruptcy Law Blog

Tag Archives: Fair Debt Collection Practices Act

Zombie Debt Redux

Posted in Debt

In today’s LA Times, Sean Pyles wrote a nice summary of the problem of zombie debt. He began with the observation that when the statute of limitations has passed on debt collection actions, creditors are estopped from suing you to collect.  However, I suspect that in the interest of saving columnar space, he elided over… Continue Reading

The Feds Are Fishing For Loan Shark Collectors

Posted in Debt

Many ― but not all ― debt collectors working for loan sharks are alleged humans who do the bidding of the dark side of the force.  I have written about abusive debt collectors several times, in unflattering terms.  It turns out that I’m not the only one who has noticed their abusive tactics.  The feds… Continue Reading

Fair Debt Collection Practices Act And Bankruptcy

Posted in Chapter 11, Chapter 13, Chapter 7

A very recent Eleventh Circuit decision, Crawford v. LVNV Funding, LLC, No. 13-12389 (11th Cir., July 10, 2014), highlights an interesting split among the circuits, which makes things ripe for an appeal to the Supremes. First let’s get a little background. BACKGROUND I.                The Automatic Stay And The Discharge Injunction When a person files for… Continue Reading

Debt Collectors And Bankruptcy

Posted in Debt

Debt collectors serve the useful role in society of forcing many debtors who otherwise wish to pay their debts into bankruptcy.  They also provide a source of additional income for bankruptcy attorneys when they violate the automatic stay of 11 U.S.C. § 362(a), the discharge injunction of 11 U.S.C. § 524(a), and the Fair Debt… Continue Reading

A Crackdown On Abusive Debt Collectors

Posted in Chapter 11 for Individuals & Married Couples, Chapter 13, Chapter 7, Debt

An ongoing source of distress for debtors is truly abusive debt collectors.  Many of these alleged humans ignore the due process rights of debtors, lie, and break the law in their efforts to shake down debtors.  Can anything be done?  Finally, the federal and state governments are starting to take some action. I.          The Problems… Continue Reading