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The Murky Problem of Enforcing Post-Petition Consumer Debt in Chapter 13
The Murky Problem of Enforcing Post-Petition Consumer Debt in Chapter 13

What happens when a debtor in an active chapter 13 case incurs debt post-petition and does not pay it? The answer requires a slog through multiple code sections and even then, the answer is murky. Continue Reading

Date posted08/6/2020


On The Record!
News,
On The Record!

Congressman Alex Mooney asks of CFPB Director Kathy Kraninger: “…the American Bar Association and the National Creditors Bar Association have both stated their opposition to the safe harbor provision in (the CFPB proposed Debt Collection Rules).  Continue Reading

Postedby Nathan Willner
Date posted08/6/2020


Maryland Court Limits Reach of State Debt Collection Law
Maryland Court Limits Reach of State Debt Collection Law

By Ronald S. Canter, Esquire The Law Offices of Ronald S. Canter, LLC Maryland is one of a number of jurisdictions that have enacted state law restrictions on consumer debt collection.[1] However, unlike the Federal Fair Debt Collection Practices Act, the Maryland Consumer Debt Collection Act... Continue Reading

Date posted07/8/2020


The Importance of Female Mentorship: Tips for Lawyers on the Rise
The Importance of Female Mentorship: Tips for Lawyers on the Rise

For the past 20 years, law schools have seen a roughly equivalent number of men and women enrollment. It was not until 2016 that more women were enrolled than men. Continue Reading

Date posted07/1/2020


SCOTUS Leaves CFPB Intact, But Allows for Removal of Director for Any Reason
SCOTUS Leaves CFPB Intact, But Allows for Removal of Director for Any Reason

In the opinion written by Chief Justice Roberts, the Court held that Congress overreached when it limited the President’s power to remove the single director of the Bureau. Continue Reading

Date posted06/29/2020


Historic Decision to Celebrate Pride
Historic Decision to Celebrate Pride

It could not be more appropriate as those around our country celebrate Pride Month that the U.S. Supreme Court (SCOTUS) rendered its historic ruling on workplace discrimination. Continue Reading

Date posted06/17/2020


Collectors Poised to Benefit from Appeal Court Ruling Dismissing FDCPA Lawsuit for Lack of Standing
Collectors Poised to Benefit from Appeal Court Ruling Dismissing FDCPA Lawsuit for Lack of Standing

In Frank v. Autovest, LLC, 2020 WL 3053199 (D.C. Cir., June 9, 2020), the United States Court of Appeals for the District of Columbia Circuit dismissed for lack of Article III standing a consumer’s FDCPA lawsuit based on the filing of false affidavits in a debt collection lawsuit. Continue Reading

Date posted06/16/2020


NCBA Members Demonstrate Good Judgment; Maryland Court to Vacate Hundreds of Affidavit Judgments
NCBA Members Demonstrate Good Judgment; Maryland Court to Vacate Hundreds of Affidavit Judgments

by Nathan Willner Government Affairs Officer The COVID-19 pandemic resulted in many court systems throughout the United States shutting their doors. Pursuant to the Administrative Order issued by the Maryland Judiciary, court offices, administrative offices, units of the Judiciary, and the... Continue Reading

Date posted05/19/2020


The Answer is NOT "I'm Going to Disneyland"
The Answer is NOT "I'm Going to Disneyland"

Court Issues Temporary Restraining Order in Massachusetts Continue Reading

Date posted05/7/2020


NCBA Supports Exemption of CARES Act Stimulus Payments from Garnishment
News,
NCBA Supports Exemption of CARES Act Stimulus Payments from Garnishment

Consumers are faced with many challenges as they deal with the unprecedented coronavirus pandemic and the resulting state of emergency. In response, Congress enacted the CARES Act to “provide emergency assistance and health care response for individuals, families, and businesses affected by... Continue Reading

Date posted04/16/2020


Court Brief: Graziano on Chopping Block Before 3rd Circuit En Banc Hearing (Part II: Conclusion)
Court Brief: Graziano on Chopping Block Before 3rd Circuit En Banc Hearing (Part II: Conclusion)

On March 30, 2020, the 3rd Circuit issued its decision on the en banc review of Riccio v. Sentry Credit. Continue Reading

Date posted03/31/2020


Largest Federal Response in U.S. History Passes U.S. Senate
News,
Largest Federal Response in U.S. History Passes U.S. Senate

The CARES ACT, the largest federal response in U.S. history contained in H.R.748, provides immediate relief to those affected by COVID-19. The bill passed the US Senate by a vote of 96-0. NCBA was pleased to see that the bill does not specifically include any prohibition on debt collection. Continue Reading

Date posted03/26/2020