Posts Tagged ‘bankruptcy’
Supposed Rejection of Arbitration Clause is Rejected
A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement. In Mines v. Galaxy Int;l Purchasing, Mines filed a putative class action contending that Galaxy violated Section 1692g(a)(2) of the FDCPA by failing to identify the current owner of his…
Read MoreProofs of Claim on Time-Barred Debts Do Not Violate the FDCPA
A divided Supreme Court has ruled in Midland Funding, LLC v. Johnson that filing a time-barred proof of claim in bankruptcy does not violate the Fair Debt Collection Practices Act. The opinion by Justice Breyer was joined by four conservative justices. The opinion drew a dissent from Justice Sotomayor who was joined by Justices Ginsberg…
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