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Creditors' and Debtors' Rights

Schepisi & McLaughlin v. LoFaro

Tuesday, April 30, 2013

An evidentiary hearing is required to determine what fee, if any, the debtor's former counsel is entitled to collect pursuant to a charging lien and the terms of a contingency fee agreement.

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Caprio v. Healthcare Revenue Recovery Group, L.L.C.

Wednesday, March 6, 2013

The language in the collection letter contradicts or overshadows the validation notice as to whether a debtor may dispute the alleged debt through a telephone call.

Marx v. General Revenue Corp.

Tuesday, February 26, 2013

Fair Debt Collection Practices Act provision creating a claim for attorney fees where a plaintiff's case was brought in bad faith and for purpose of harassment is not contrary to, and thus does not displace, a district court's discretion to award costs under Rule 54(d)(1).

Cameron v. Ewing

Wednesday, March 14, 2012

The stream of payments due a homeowner under a reverse mortgage is subject to execution and garnishment for the benefit of judgment creditors.

Investors Savings Bank v. Keybank National Association

Wednesday, March 14, 2012

A refinancing mortgagee is ordinarily entitled to the same priority as the original mortgagee even though it negligently failed to discover the lien of the intervening judgment creditor before closing.

SimmsParris v. Countrywide Financial Corp.

Tuesday, August 9, 2011

Notice of a dispute under the Fair Credit Reporting Act must be given by the credit reporting agency to the furnisher of information, and cannot come directly from the consumer.