February 2014

You Don't Want Your Virginia Bankruptcy Case Dismissed With Prejudice

You Don’t Want Your Virginia Bankruptcy Case Dismissed With Prejudice

What causes the Bankruptcy Court to dismiss a case with prejudice? According to the Code, a case can be dismissed with prejudice only for “cause.” This begs the question, what constitutes “cause”? Unfortunately, the Code does not define “cause” for dismissal purposes. However, one Circuit Court of Appeals has held that “bad faith” is “cause” […]

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Disputing Collection Accounts Just Became Slighlty Easier In Virginia

Disputing Collection Accounts Just Became Slighlty Easier In Virginia

In a win for consumers, the Fourth Circuit Court of Appeals recently decided that a collection agency cannot require that any dispute over the validity of debt be submitted in writing. The case started when a couple in North Carolina received notices from a collection agency, ACS, regarding medical debt. The collection notices only allowed

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