Consumer Debt Collection FDCPA Traps for the Unwary Nationwide Lender Loan Servicer Debt Collector Part II
State Debt Collection Laws The federal Fair Debt Collection Practices Act (FDCPA) applies to debt-collection practices throughout the nation, even those that are purely intrastate in nature, and thus it essentially is a "uniform" law in every state. However, state laws
Legislative Update S. 256 Summary of Changes Affecting Individual Bankruptcy Cases
This month's Update contains excerpts from a synopsis of S. 256, prepared by Thomas J. Yerbich, vice chair of ABI's Consumer Bankruptcy Committee. The excerpt covers changes made to chapters 7, 11 and 13, debtor's duties, exemptions, exclusions, claims, nondischargeable
What Is a Briefing and Will It Reduce Filings
In order for an individual to be a debtor under BAPCPA, he or she must first comply with the credit counseling provisions of §109(h). Under this new provision, a debtor is required to receive an individual or group briefing from an approved nonprofit budget and credit
Legislative Update Finding a Loophole in the Means Test without Collusion Will Chapter 7 Involuntaries Be on the Rise
This month's Update continues the series of articles examining BAPCPA in detail. A centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the means test, set forth in revised §707(b) 1 of the Code. 2 Although the mathematical