Upcoming Amendments to Bankruptcy Rule 3002 to Impact Bankruptcy Filing Practices for Mortgagees

On December 1, 2017, changes become effective to the Bankruptcy Rules that will impact mortgage companies/servicers and other secured creditors.  In general, the changes are as follows: the required use by debtors of a Model Chapter 13 Plan (Official Form 113) the explicit requirement that secured creditors file a proof of claim, the establishment of a […]

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How are debt collectors defined?

So what does it mean “to owe” a debt?  The United States Supreme Court grappled with this seemingly simple phrase in a recent case regarding the definition of “debt collector” in the Fair Debt Collections Practices Act (“FDCPA”).  In Henson v. Santander Consumer USA, Inc., the Supreme Court held that a company does not fall […]

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