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Monthly Archives: March 2007



The New York City Department of Consumer Affairs was recently asked to address an inquiry as to whether “debt buyers” that do not themselves engage in collection activities must be licensed by the Department. The Department responded that a purchaser or assignee of defaulted debt whose principal purpose is the collection of that debt, […]



The case of In re Hildreth — B.R. —-, 2007 WL 458066 (Bkrtcy.M.D.Ala. 2007) makes clear that a depository institution was properly served by first class mail addressed to an attorney, though the attorney in question had never entered formal appearance in bankruptcy case on bank’s behalf, where attorney appeared numerous times on bank’s behalf […]



In the recent case of In re Rice, 2007 WL 781893 (Bkrtcy. E.D.Pa. 2007) the Chapter 7 debtor claimed her 2000 Mitsubishi Galant, secured by a loan from National Auto Finance Company, as exempt pursuant to 11 U.S.C. ยง 522(d)(2) and (5). The Debtor filed a Statement of Intention asserting that the car was […]



In most bankruptcy cases, an automatic stay is entered as soon as you file your case. The effect of this automatic stay is to prevent creditors from continuing to collect on debts. That means no phone calls, no collection letters, no legal action, no repossession, no foreclosure, not even a birthday card. No […]



In the case of In re Pinti, 2007 WL 744031 (Bkrtcy.S.D.N.Y.,2007), the Debtor filed a voluntary petition for Chapter 13 bankruptcy. Schedule B of Debtor’s petition listed a 2004 Ford F250 valued at $10,400. The Vehicle was purchased by the Debtor pursuant to a retail installment contract on July 26, 2004. In Schedule D, […]