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Blog Posts in March, 2013

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  • LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form
    LR Credit 22, LLC Sanctioned For Not Timely Honoring Exemption Claim Form

    New York's exemption claim form process as recently codified in CPLR § 5222-a acts together with other New York statutes to constitute the Exempt Income Protection Act (EIPA). The act is aimed at ...

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  • The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice
    The Langel Firm Secures Another Victory for Consumers Under the GBL - Judge Declares Baseless Debt Buyer Litigation Activity by Midland Funding Can Be Deceptive Act and/or Practice

    In a decision issued on March 22, 2013 by Judge Michael A. Ciaffa in the First District Court of Nassau County, the Court held that where a debt buyer brings litigation to collect on an unpaid debt, ...

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  • Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court
    Listing Judgment on Bankruptcy Petition could Renew Enforceability of Otherwise Time-Barred Judgment, holds New York Appeals Court

    Today, we report on a New York appellate case, First New York Bank v. Alexander, [1] that affirms basic elements of NYCPLR § 211(b): acknowledging a debt in writing or making partial payment on a ...

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  • Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment
    Credigy Receivables, Inc. Sues a Victim of Identity Theft, and Court Upholds Victim's Award of Attorneys' Fees for Frivolous Enforcement of Judgment

    The Langel Firm is a New York law firm practicing debt defense litigation. But we report on relevant cases all over the country. The case discussed below affirmed a North Carolina trial court's ...

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  • District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA
    District Court Finds that Communications Directed to a Consumer's Attorney may be Actionable Under the FDCPA

    The Eastern District of Michigan denied a motion to dismiss brought by the attorneys for Atlantic Credit & Finance, Inc. in Misleh v. Timothy E. Baxter & Associates (E.D. Mich. 2011). The plaintiff ...

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