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Don’t Auto-Dial My Cell Phone

Robo-Calls could be worth $500.00 each

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The Telephone Consumer Protection Act (“TCPA”) held to protect out-of-state Consumer from Unauthorized Auto-Dialed Calls.

What is the TCPA? 

The TCPA is a federal law that, among other things, protects individuals from being repeatedly called on their cellular telephone from any person or company using an automatic dialing system or pre-recorded voice unless that person or company has prior express written consent to do so.  In the event that a person or company makes such calls without appropriate consent, the recipient of the calls is entitled to $500 per call and, if he or she can demonstrate that the calls were knowingly made in violation of the TCPA, may be entitled to up to $1,500 per call, subject to the court’s discretion. Specifically, to have a case under the TCPA, in part you need to substantiate:

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Stripping a Junior Mortgage in Chapter 7 Bankruptcy

Should I convert my Chapter 13 case to a Chapter 7 case?

Earlier in the year, the 11th Circuit Court, in the case of In re: McNeal, held that Bankruptcy Debtors could now strip their junior mortgages and equity lines of credit from their primary residences in a Chapter 7 case. This decision was in contrary to a well settled principle of bankruptcy law, that if you were interested in stripping a junior lien off your home, you had to file a Chapter 13 bankruptcy case. But as surprised as most of the bankruptcy bar was with the decision in McNeal, what was not surprising was the rush of Chapter 13 cases that converted to Chapter 7. After all, why make payments to the Chapter 13 Trustee for three to five years when all that needed to be done was to convert the case to Chapter 7 and be done with the case all together in a matter of months.

Read more: Stripping a Junior Mortgage in Chapter 7 Bankruptcy