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As the creditor, do you know the 'rules of
the bankruptcy and estate game?
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FDCPA - Sample Section from the Facilitator Training Manual
Bankruptcy Trends 1980-2004
How would you as the collection manager or tax official like to see...
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SAMPLE
FDCPA MATERIAL from the TRAINER’S MANUAL
Section 15 USC 1692a - Definitions: Case-in-Point:
Sub Topic I,
II,
III,
IV,
V
Sub Topic III
The Participants’ Training Manuals contain 2 sets of pages for this
sub-topic. Ask them to turn to the first set of pages which contains only
the description of the case. Ask a participant to read the case and ask
the others for their opinions as to what the violation(s) were and what
they think the resolution might be. Note: Some questions have been inserted
to help initiate a discussion of the issue(s) involved in each case.
After a brief discussion, if they do not correctly state the resolution,
let them turn to the second set of pages and read it silently as either
you or one of the participants reads it aloud.
CASE: In a 1996 case, a debtor sent a check in payment
of a debt to a law firm who was collecting a debt on behalf of a creditor.
The check was not honored by the debtor’s bank so it became a “bad
check”. The law firm attempted to re-collect the funds which prompted
the debtor to file a lawsuit with the court saying that the law firm was
in violation of the FDCPA. The defendant law firm claimed that the “bad
check” did not meet the definition of a “debt”, was
not an extension of credit, and, therefore, this law firm was not covered
by the FDCPA.
Is the “bad check” in this situation a legitimate debt according
to the FDCPA? Is this law firm collecting debts and thus, its collection
activities covered by the FDCPA?
RESOLUTION: The Verdict in this case was that the dishonored
check was a legal obligation to pay money and thus, was a debt within
the definition of the FDCPA and the defendant law firm was covered by
the FDCPA.
Lookup a Court and obtain the following:
Court Link, Trustee Link, and ECF Link
Chapter 13
The statistical data presented below supports the conclusion that Chapter
13 Plans are the Creditor’s best hope for collecting dollars from
a Debtor.
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Bankruptcy Claim-Pro (BCP)™
Bankruptcy
Claim-Pro-Enterprise
The Proof-of-Claim Form Solution
Bankruptcy Claim-Pro is ONE-OF-A-KIND-SOFTWARE
designed for the stand-alone Creditor's PC, Network or Enterprise environment
Click
Here for Feature Overview
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