Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

Judge Castillo’s case involved a law firm that filed a motion to modify the automatic stay on behalf of a condominium association. The motion alleged that the debtors had not paid condominium assessments after being in chapter 13 for a year. The motion also alleged that the unpaid post-petition assessments were about $750.  Three months later, the debtors filed suit in district court alleging violations of the FDCPA. They contended the motion was factually incorrect because they had only been in chapter 13 for six months, not a year, when the firm filed the lift-stay motion. To show that the arrears at the time were only $550, they attached a letter from the law firm alleging arrears in the lower amount.    Read the article…………


Related Articles

Fundamentally Altering the Employee/Employer Relationship between Community Associations and their Management Companies & Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees

TX: New Bill Proposes Local Government Control and Attorney General Oversight of HOA

State Rep. Ruth Jones McClendon of San Antonio has filed legislation that would cede control over Texas Homeowners Associations/Property Owners

Strata Property Act amendment offers remedy for deadlocks on special levies (BC)

On December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force