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September 2014 Archives

New York State Creates New Consumer Debt Collection Rules

New York State Creates New Consumer Debt Collection Rules By Wayne M. GreenwaldOn September 16, 2014, New York courts announced rules banning collecting consumer debts which were: a.) not incurred; b.) previously paid; or c.) subject to statute of limitations defenses.

A Hard Lesson from a Lucky Debtor with Inaccurate Schedules

A Hard Lesson from a Lucky Debtor with Inaccurate Schedules By Wayne GreenwaldWe can't overemphasize the importance of filing accurate schedules and statements in a bankruptcy case. Regardless of lawyers' skills, clients must review their schedules carefully before signing them. The recent decision in Crawford v. Franklin Credit Management Corp.1 ("Crawford") illustrates the dangers of inaccurate schedules and a lucky "escape hatch."

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