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Offer to “Resolve” Time-Barred Debt Violates FDCPA

George Basharis, JD | 25 Apr 2019 | Court Decisions

A collection letter offering a debtor help to “resolve” a time-barred debt violated the Fair Debt Collection Practice Act,…

Debtors awarded attorney fees for challenging stay violation judgment

George Basharis, JD | 23 Jan 2019 | Court Decisions

Debtors were entitled to attorney fees for successfully challenging on appeal a bankruptcy court’s initial award of damages…

Trustee Permitted to Extend Deadline for Complaint She Could Not File

George Basharis, JD | 12 Dec 2018 | Court Decisions

A bankruptcy court in Illinois granted a Chapter 7 trustee’s request to extend the 60-day bar date for creditors to challen…

Bankruptcy court not authorized to deny exemptions based on debtor’s bad faith

George Basharis, JD | 5 Oct 2018 | Court Decisions

A bankruptcy court did not have the authority to deny exemptions based on a Chapter 7 debtor’s failure to disclose assets a…

Bankruptcy Chat: Supreme Court Approves Amendments to Bankruptcy Rules

George Basharis, JD | 27 Sep 2018 | Court Decisions, Spotlight

The U.S. Supreme Court earlier this year approved amendments to the Federal Rules of Bankruptcy Procedure that are expected…