Six Year Statute of Limitations for Collecting on Credit Card Debt

Six Year Statute of Limitations for Collecting on Credit Card Debt In 2011, Arizona Governor Jan Brewer signed HB 2412 into law, amending A.R.S. § 12-548 and increasing the statute of limitations for credit card debt from three years to six years. According to the statute, credit card debt “must be prosecuted within six years […]

Creditor Behavior found Objectively Coercive: Refusal to Release Title or Pickup Vehicle

Creditor Behavior found Objectively Coercive: Refusal to Release Title or Pickup Vehicle In Pratt v. GMAC, 462 F. 3d 14  (1st Cir., 2006), debtors intended to surrender their vehicle by ceding possession rather than reaffirming the debt. The creditor wrote off the balance because the value of the vehicle was less than the costs of repossession. […]

Collecting on Contempt – Contempt Order for Violation of Stay is Sanctions order, not mere Money Judgement

Collecting on Contempt – Contempt Order for Violation of Stay is Sanctions order, not mere Money Judgement In the 2013 case of In re Wallace, the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals held that a contempt order for violation of automatic stay entered by the Bankruptcy Court constituted a sanctions order to […]

“No-Discharge” Language in Loan is Not Enforceable

“No-Discharge” Language in Loan is Not Enforceable In the case of In re Chionis, the  Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals held that a creditor’s stated subjective belief that “no-discharge” language in a loan excepts the loan debt from a bankruptcy discharge does not constitute that creditor’s unawareness that the discharge is […]