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Vol 13, Num 5 l November 2015

Technology and Intellectual Property

► In This Issue:

Out of Statute Claims, the Latest Opinion: Davidson v. Capital One Bank (USA)

ABI

William A. McNeal
Becket & Lee, LLP
Malvern, Pa.

Recently, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by the U.S. District Court for the Northern District of Georgia of a debtor’s suit against Capital One Bank alleging a violation of the Fair Debt Collection Practices Act (FDCPA) for attempting to collect on the debtor’s defaulted credit card account after acquiring it from the card’s issuer, HSBC.

After debtor-plaintiff Davidson failed to pay an agreed-upon settlement in response to HSBC’s state court collection action, HSBC won a judgment in its favor. Later, Capital One Bank acquired the account, one of a large portfolio, and subsequently sued to collect on it in state court.
» Read More

Late Mortgage Claims in Chapter 13 Practice after Pajian and Matteson

Katherine E. Iskin
Office of the Standing
Chapter 13 Trustee

South Bend &
Fort Wayne, Ind.

Odysseus faced an impossible choice. Should he face Scylla with her six heads, three rows of shark-like teeth, and long necks who lived in a cavern above the sea, ready to devour anyone who came close to her mountainous retreat? Or should he face Charybdis, a whirlpool monster who devoured everything that came into its watery path? He asked Circe, “Could I not somehow steer clear of the deadly Charybdis, yet ward off Scylla when she attacks my crew?” Circe responded, “You must hug Scylla’s rock and with all speed drive your ship through, since it is far better to lose six of your company than your whole crew.“ In other words, there was no avoiding the two evils: Odysseus had to choose the lesser of the two and deal with the consequences.
» Read More

Repetitive Bankruptcy Filings and the Automatic Stay after Law v. Siegel

ABI

Caleb J. Halberg
Potestivo & Associates, P.C. Chicago

Upon the filing of a bankruptcy petition, the automatic stay prohibits creditors from taking any action to collect against debtors or property of the estate during the pendency of the bankruptcy case.Although in certain instances the automatic stay shields honest debtors by giving them a moment to “catch their breath,” there are other instances where debtors have been prone to use the automatic stay as a sword that they swing to stall the inevitable so that the debtor can reap the benefits of delayed proceedings while the debtor’s creditors are forced to stomach the losses that result.
» Read More

 
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