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Tag Archives: Debt Collection

Bankruptcy — Post-Confirmation FDCPA Claims Barred (access required)

Covert v. LVNV Funding LLC (Lawyers Weekly No. 001-035-15, 16 pp.) (Shedd, J.) No. 14-1016, March 3, 2015; USDC at Greenbelt, Md. (Chasanow, J.) 4th Cir. Holding: Chapter 13 debtors who made payments under their approved plans to a lender ...

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Attorneys – Immunity – Allegedly Forged Documents – Banks & Banking – Tort/Negligence (access required)

Vieira v. CertusBank, N.A. (In re Ladd) The plaintiff-trustee alleges that the defendant-bank’s loan documents were forged. If the defendant-law firm knew the loan documents were forged when the law firm filed suit to collect on the loan, the court could not conclude that the law firm was entitled to immunity under Gaar v. North Myrtle Beach Realty Co., 339 S.E.2d 887 (S.C. App. 1986). Moreover, the firm may have breached an independent duty to a third person because all persons seemingly have a duty not to make fraudulent statements to others. The plaintiff-trustee may amend her complaint to allege whether the law firm knew the bank documents were forged when it filed the collection action and whether the law firm was involved in the issuance of the loan.

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