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Civil Justice Holds First Training for Creditor Abuse Prevention Project

May 31
Written by: Civil Justice
Tuesday, May 31, 2011
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On Friday, May 20, 2011, Civil Justice held the first attorney training in its new Creditor Abuse Prevention Project (CAPP). Over 30 attorneys attended the full-day training to learn more about bringing creditor abuse claims in Chapter 13 bankruptcy cases.  Attorneys were given the option of taking the training for free if they agreed to take pro bono cases as part of CAPP. The morning session of the training focused on three main areas of creditor abuse in bankruptcy. Laura Margulies, of Laura Margulies & Associates (http://www.law-margulies.com), explained the process for filing proofs of claim in bankruptcy and identified common problems that arise in the claims filed by creditors. She also presented sample objections based on common creditor abuses. Professor Peter Holland of the University of Maryland School of Law Consumer Protection Clinic (http://www.law.umaryland.edu), briefly discussed common debt collection violations that can be brought as affirmative claims in bankruptcy. And Scott Borison, of the Legg Law Firm (http://www.legglaw.com/), focused on affirmative claims that debtors can raise against mortgage originators, lenders, and servicers.

In the afternoon, Professor Peter Holland presented an intensive course on defending debt collection suits in state court. He identified common creditor abuses in the state court system and stressed the need for debtors to obtain representation in debt collection actions. He also showed attorneys how they can help clients and earn a living by bringing affirmative claims for debt collection violations under statutes with fee shifting provisions.

Attorneys who attended the training gave it high marks calling it “practical” and “informative.” Many stressed that there was a need for more continuing legal education session like this. One attorney, who had originally registered to pay to take the training, rather than electing the pro bono option, contacted Civil Justice after the event to let us know that he was so impressed by the training; he had decided to volunteer for the pro bono project and become a member of Civil Justice.

For more information about the Creditor Abuse Prevention Project, contact Rebecca Coleman.


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