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Fair Debt Collection: 5.8.1 Text of FDCPA § 1692c(c) and Reg. F § 1006.6(c)
(c) Ceasing communication—If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communications with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
Fair Debt Collection: 5.8.2 The Consumer’s Right to Stop Collection Contacts
FDCPA § 1692c(c) requires a debt collector to halt all collection efforts, excluding a few exceptions discussed in § 5.8.4, infra, upon receipt of the consumer’s written request to cease communications or the consumer’s written refusal to pay the debt.431 The requirement to cease further contacts applies to communications and attempted commun
Fair Debt Collection: 5.8.3 Consumer’s Subsequent Waiver of Right to Avoid Collection Contacts
After a consumer sends a cease letter, the consumer’s subsequent conduct can waive the right to be free of further collection contacts.
Fair Debt Collection: 5.8.4 Exceptions to Right to Cessation of Contacts
FDCPA § 1692c(c) provides three statutory exceptions to the requirement that a debt collector cease communication after the consumer’s cease letter:
Fair Debt Collection: 5.8.5 Debt Referred to Another Collector After Request to Cease Collection
Where a creditor refers its claim against a consumer to a new collection agency after the consumer has sent a cease-contact letter to a prior collection agency, the creditor may violate a state unfair and deceptive acts and practices (UDAP) statute478—unless the particular state’s UDAP statute excludes from coverage collection practices.479 Another theory for pursuing the creditor for facilitating a subsequent debt collector’s contact with the consumer may be that the creditor violated the coven
Fair Debt Collection: 5.8.6 State Requirements As to Notice to Consumer of Right to Terminate Collection Contacts
Some states such as Massachusetts, California, and Colorado have strengthened the consumer’s right to request that a debt collector cease communications by requiring debt collectors to provide a state-specific notice in their debt collection letters alerting consumers of their right to terminate collection contacts under their state law.481
Fair Debt Collection: 5.9 Opt-Out Notice for Electronic Communication, Reg. F § 1006.6(e)
Regulation F (effective November 30, 2021) addresses debt collector emails, texts, and other electronic communications to consumers.
Fair Debt Collection: 5.10 Definition of Consumer for Purposes of FDCPA § 1692c under § 1692c(d)
FDCPA § 1692c(d) and Reg. F § 1006.6(a) define the term “consumer” to include additional parties that are not covered under the definition of consumer in FDCPA § 1692a(3).507 For purposes of FDCPA § 1692c and Reg.
Consumer Bankruptcy Law and Practice: 2022 Advisory Committee Note on Form 101
Form 101 is amended to eliminate language in former Part 1, Question 4, which asked for “any business names . . .
Consumer Bankruptcy Law and Practice: Official Form 101 with List of Creditors
[Editor’s note: A blank, updated Form 101 that was effective December 1, 2022, is included below. See the 2022 Advisory Committee Note, infra, for changes.]
Consumer Bankruptcy Law and Practice: Official Form 101 with List of Creditors
[Editor’s note: A blank, updated Form 101 that was effective December 1, 2022, is included below. See the 2022 Advisory Committee Note, at D.2, supra, for changes.]
Bankruptcy Basics: Annotations to Completed Sample Form 101
1. Part 1 of the petition requests the debtor’s full name and all other names used by the debtor within eight years before filing the petition, such as married names and maiden names. The name listed on line 1 in Part 1 should be the same name that is listed on the debtor’s government-issued picture identification (such as a driver’s license or passport) that the debtor will bring to the meeting of creditors. Particular attention should be paid to listing all names under which the debtor has incurred the debts that are listed in the petition.
Bankruptcy Basics: Official Form 101 Instructions
The “Instructions, Bankruptcy Forms for Individuals” (Dec. 2015, rev. Oct. 2019) published by the U.S. Bankruptcy Court do not contain separate instructions for Official Form 101. The Instructions booklet describes the form as follows: “This form opens the case. Directions for filling it out are included in the form itself.”
Bankruptcy Basics: 2020-04 Advisory Committee Note on Form 101
The form is amended in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281. That law provides a new definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11. Line 13 of the form is amended to reflect that change. This amendment to the Code will terminate one year after the date of enactment of the CARES Act.
Bankruptcy Basics: 2020-02 Advisory Committee Note on Form 101
Line 13 is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 116-54, 133 Stat. 1079. That law gives a small business debtor the option of electing to be a debtor under subchapter V of chapter 11. Line 13 is amended to add a check box for a small business debtor to indicate that it is making that choice, and the existing check box for small business debtors is amended to allow the debtor to indicate that it is not electing to proceed under subchapter V.
Bankruptcy Basics: 2017 Advisory Committee Note on Form 101
Part 2, line 11, is amended to accurately reflect the requirements of § 362(l) of the Bankruptcy Code. All debtors against whom an eviction judgment has been entered with respect to their residence must fill out Official Form 101A (Initial Statement About an Eviction Judgment Against You), whether or not they desire to remain in their residence. Form 101A is deemed to be part of the petition.
Bankruptcy Basics: 2015 Advisory Committee Note on Form 101
Official Form 101, Voluntary Petition for Individuals Filing for Bankruptcy, applies only in cases of individual debtors. Form 101 replaces Official Form 1, Voluntary Petition. It is renumbered to distinguish it from the forms used by non-individual debtors, such as corporations, and includes stylistic changes throughout the form. It is revised as part of the Forms Modernization Project, making it easier to read and, as a result, likely to generate more complete and accurate responses.
Consumer Bankruptcy Law and Practice: Form 101 Order Declaring Secured Claim Satisfied and Lien Released
Order Releasing Mortgage Lien
AND NOW, this [date] day of [month], [year], upon the Debtors’ motion for an order declaring secured claim satisfied and lien released pursuant to Bankruptcy Rule 5009(d):