In a bankruptcy trustee's adversary action to recover money paid to a collection agency within 90 days prior to the filing of the debtor's bankruptcy petition, and pursuant to a previous garnishment order, the U.S. Court of Appeals for the Seventh Circuit recently reversed the ruling of a trial court denying the trustee's application.
Posts tagged as “Debt Collection”
Last year saw an influx of federal and state regulation aimed at what information must be conveyed to consumers in anticipation of the provision of medical services as well as restrictions on the collection of medical debt. Expect more activity in 2023.
The U.S. Court of Appeals for the Tenth Circuit recently affirmed the dismissal of a consumer’s federal Fair Debt Collection Practices Act claim, holding that the consumer did not allege any concrete harm necessary for standing.
Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
Over the past year, the ebb and flow of bankruptcy filings has been an interesting one. Through 11 months, the number of bankruptcy filings have decreased from 2021, which were at their lowest levels since the 1980s.
The U.S. Court of Appeals for the Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.
Legislation introduced in the New Jersey Assembly and Senate would prohibit “health care providers” from furnishing information concerning medical debt to credit reporting agencies.
The New York Court of Appeals recently reversed the rulings of both the trial court and intermediate appellate court and held that under Article 9 of the Uniform Commercial Code (UCC) a secured lender may collect the accounts receivables owed to the debtor by third parties.
Continuing with the heavy trend 2022 has seen of both federal and state regulator focus on medical debt coming on the heels of the aftermath of the COVID-19 pandemic, a bill introduced in the U.S. Senate is taking aim at the collection of medical debt.
Beginning Jan. 1, businesses operating in the District of Columbia will face new challenges under the DC Council’s new debt collection law with costly penalties in place for those who don’t comply.
A group is pushing Arizona Proposition 209, a ballot measure they say will reduce the burden of “medical debt.” But while a small portion of Proposition 209 might relieve some of the burden of medical debt, other beneficiaries are swindlers and bad actors.
A consumer debt buyer recently agreed to a $12 million settlement to resolve allegations by the Massachusetts Office of the Attorney General of a variety of allegedly unlawful debt buying and collection practices.