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Category Archives: Uncategorized



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, […]



On December 22, 2006, the U.S. Bankruptcy Court for the Western District of New York issued a Decision & Order in In re Peaslee, 2006 WL 3759476, Bkrtcy. W.D.N.Y., December 22, 2006 (No. 06-21200) (”Peaslee “). In Peaslee, the Court found that Section 506(a)(1), rather than the Section 1325(a)(9) Hanging Paragraph, governs the treatment of […]



Debt purchaser Asta Funding (Nasdaq: ASFI) announced that it has closed on a previously announced deal where it will purchase a portfolio of credit card accounts in collection litigation and accounts as to which the sellers have been awarded judgments and other traditional charge-offs.  Asta is buying the portfolio from Great Seneca, and is paying […]



In the case of In re Cooley, — B.R. —-, 2007 WL 512758 (Bkrtcy.N.D.Ala.,2007), the court was confronted with the question of whether a lender could compel arbitration of claims made for violations of the Truth in Lending Act (”TILA”). The lender argued that the debtor’s claims should be submitted to binding arbitration in […]



People file for bankruptcy to get protection from harassing creditors and collection agencies.  Most consumers don’t want to take the walk down the road to the bankruptcy court, but they do so because they are at wit’s end and don’t know what else to do.Not only are creditors required to stop contacting you after you […]