LVNV v. Crawford, the FDCPA, and the End of a Circuit Split?

LVNV v. Crawford: Are Bankruptcy Debtors Limited to Bankruptcy Remedies? For years, the courts have struggled over consumers’ remedies when creditors continue collection attempts in violation of the automatic stay. Under the Bankruptcy Code, consumers can bring a contempt of … Continue reading

SCOTUS: At Conversion, Undistributed Funds Go to the Debtor (Harris v. Viegelahn)

When someone converts from a Chapter 13 bankruptcy case to a Chapter 7 case when the Chapter 13 Trustee is in possession of funds that haven’t been distributed to creditors, what happens to that money? Does it go to the … Continue reading

New York Bankruptcy Court: Wells Fargo’s “Administrative Freezes” Violate the Automatic Stay

When I conduct an initial consultation with a client, I’m always careful when I hear that client has a bank account with Wells Fargo.  That’s because if a person files a Chapter 7 case, and if they have more than … Continue reading

NY Appellate Court: Rent Control Laws Are a “Public Benefit”

On November 20, 2014, the New York Court of Appeals decided the matter of Santiago-Monteverdi v. Pereira (In re Santiago-Monteverdi), 2014 NY Slip Op. 8051 (N.Y. Nov. 20, 2014).  Ms Santiago-Monteverdi had lived in her New York City rent-controlled apartment … Continue reading