11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

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The court disagreed, saying that "the Section 502(b)(6) cap is only activated by optional and unpredictable post-petition bankruptcy events, [and therefore] the court concludes it is not appropriately applied to threshold inquiries that are focused on the initial schedules and the calculation of debt existing on the date of the bankruptcy filing."

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Defendants’ motion to dismiss argues four independent grounds justify dismissal of the claims: (1) the complaint fails to establish that federal jurisdiction exists; (2) the complaint fails to state any claims for relief; (3) the claims are barred judicial estoppel; (4) the complaint is an impermissible shotgun pleading in violation of Fed. R. Civ. P. 8(a). The first two arguments are sufficient to justify dismissal of the complaint and thus the merits of the final two arguments do not need.

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Recent Posts. Self Lender – Is it impossible to get a mortgage as an undocumented immigrant? – self lender; 11th circuit court rejects claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

Recent cases – October 2014 Burr & Forman LLP. Second Circuit holds mortgagor’s written request for information does not qualify as a QWR when not sent to the QWR designated address *

Featured Content ProbateSharks.com. Our mission is to expose and remedy corruption in the Probate Court of Cook County, Illinois. We assist, educate and enlighten families of the

Your Christ is my Devil (10-18-11). The remainder was to come in the form of "credits" for reducing mortgage debt and other loan activities.. From the law firm Burr & Forman, LLP: The Eleventh Circuit Court of Appeals released an opinion earlier this month that could give foreclosure.

Knight v. State of Ala., 787 F. Supp. 1030 (N.D. Ala. 1991) case opinion from the US District Court for the Northern District of Alabama

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