You're reading State of Play, a publication about the practice and business of law by UpRight Law. Happy Wednesday.

Posted by
on November 3rd, 2014.

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Filing Proof of Claim on Time-Barred Debt Violates the Fair Debt Collection Practices Act

No more time on the meterThe 11th Circuit Court of Appeals recently decided a case which puts debt buyers at risk when filing proofs of claim on older accounts. In Crawford v. LVNV Funding, LLC, No. 13-12389 (decided July 10, 2014), LVNV, one of the largest debt buyers in the country, filed a proof of claim in a Chapter 13 case for a $2,037.99 balance which was originally owed to Heilig -Meyers furniture company. Based on the date of the last transaction on the account and the three-year Alabama statute of limitations, the debt became unenforceable in October of 2004. LVNV’s […]

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Posted by
on October 23rd, 2014.

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Entrepreneurs Needed: Increase access to justice

pledgeI pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

Visiting my sons school I heard the future of our county, a bunch of 1st graders, reciting this. For kids growing up in the US reciting this it is a part of every morning. As my day continued ‘and justice for all…’ rang in my head.

The pledge we made every morning of our lives growing up needs more entrepreneurs focusing on it.

There are hundreds, if not thousands, of great organizations studying and […]

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Posted by
on August 22nd, 2014.

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New York Bankruptcy Court Says that Credit Reporting of Debts after Discharge May Be Illegal

It is illegal to collect a debt which has been discharged in a bankruptcy case. Under the Bankruptcy Code, an honest debtor receives a discharge from any personal obligation for debts arising before bankruptcy. To put teeth into this discharge, the Bankruptcy Code imposes an injunction against anyone from collecting a debt. Specifically, section 524 of the Bankruptcy Code prohibits “the commencement of an action, the employment of process, or an act, to collect, recover, or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived.”

All too frequently, credit card issuing banks fail to report to credit reporting agencies […]

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Posted by
on August 18th, 2014.

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Make Debt Collectors Stop Calling Your Clients

One of the easiest ways your clients can get annoying debt collectors off their backs is to simply notify the collectors that they are represented by your firm. It is common that individuals who retain an attorney to file for bankruptcy protection cannot pay their attorney’s fees in full up front. During the weeks or months that they continue paying your fees, they receive no relief from the never-ending string of debt collection letters and phone calls.

According to the Fair Debt Collection Practices Act (FDCPA), “a debt collector may not communicate with a consumer…if the debt collector knows the consumer is […]

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