Okay, if you see this disclaimer on a statement, “if you are a borrower on this loan and have filed for bankruptcy, this letter is for informational purposes only and not attempting to collect a debt,” is this language intended for compliance with a federal reg like FDCPA? OR just various district/state bankruptcy regs? And is there a violation if that language is missing and the letter goes out to a borrower in bankruptcy? This is for research – I am not in BK, so please no judgmental stuff about bankruptcy petitioners. Well, I have your answer right here. It is a violation of the FDCPA to attempt to collect a debt after a bankruptcy is filed. It is also “contempt of court” because filing bankruptcy imposes an “automatic stay” on all collection proceedings. So agencies that aren’t sure whether a debtor has filed yet try to avoid liability for unfair collection practices by inserting this language. Won’t really work for them if they mail out the letter after a Notice of Petition has been mailed to them by the court.
A state bankruptcy bill proposed by the Republicans would be a “destructive” attack on the American “middle class and unions”, said Paul Craig Roberts, forme. . .