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2d Circuit Say Standing for Fraud/TILA Claim Re-Vests in Plaintiff Once Plaintiff Dismisses Her Chapter 13 Bankruptcy Petition

by Scott J. Hyman |

In Crawford v. Franklin Credit Management Corp., --- F.3d ----, 2014 WL 3377175 (2d Cir. 2014), the Court of Appeals for the Second Circuit held that that a Plaintiff who had filed Chapter 13 bankruptcy lost standing when she filed the Petition, but regained standing when she dismissed the Petition. We conclude that Crawford has standing to pursue her present claims because her… Read More

District Court (Mo.) Finds FDCPA/TCPA Plaintiff Has Standing By Re-Opening BK to List the Assett, But Collaterally Estops Plaintiff From Bringing the Claim

by Scott J. Hyman |

In Schaefer v. First Source Advantage, LLC, 2013 WL 509001 (E.D.Mo. 2013), Judge Shaw found that a TCPA Plaintiff who re-opened his bankruptcy to list the asset gained standing to pursue it, but was estopped from bringing it.  If a debtor fails to list an asset in his bankruptcy schedules, that asset is not automatically abandoned back to the debtor… Read More