Mark Clifton Leffler is a lawyer practicing consumer law, bankruptcy, consumer bankruptcy and 9 other areas of law. Mark received a B.S. degree from Eastern Mennonite College in 1991, and has been licensed for 30 years. Mark practices in Virginia Beach, VA.
Tidewater Finance Co. v. Kenney, 531 F.3d 312 (4th Cir. 2008) (Secured creditors are entitled to file claim for deficiency balance following surrender of collateral in Chapter 13).
Solomon v. Trans Union, LLC, 2019 U.S. Dist. LEXIS 171603 (E.D. Va. 2019) (Complaint stated a claim under Fair Credit Reporting Act, 15 U.S.C. § 1681e(b), where it alleged Trans Union failed to follow reasonable procedures to assure maximum possible accuracy by failing to report debts as discharged in bankruptcy).
Taylor v. Allied Title Lending, d/b/a Allied Cash Advance et al. (In re Taylor), 594 B.R. 643 (Bankr.E.D.Va. 2019) (Denying arbitration of debtor’s adversary proceeding alleging the credit agreement underlying the proof of claim was invalid under state law as usurious), affirmed by Allied Title Lending, d/b/a Allied Cash Advance v. Taylor, 420 F. Supp. 3d 436 (E.D. Va. 2019).
Derby v. Portfolio
Recovery Associates, LLC, 2019 Bankr. LEXIS 945 (Bankr. E.D.Va. 2019) (Dismissing action
under Fair Debt Collection Practices Act, finding bankruptcy law provided exclusive
means to evaluate claim allowance
consequences for intentional violation of
Bankruptcy Rule 3001(c)).
Derby v. Portfolio
Recovery Associates, LLC, 2020 Bankr. LEXIS 882 (Bankr. E.D.Va. 2020) (Debtor was entitled
to reasonable attorney fees
expenses where defendant filed proofs of claim
not in compliance with Bankruptcy Rule 3001(c)).
Charity
et al v. NC Financial Solutions of Utah, LLC, d/b/a NetCredit,
2017 Bankr. LEXIS 2293 (Bankr.E.D.Va. 2017) (Internet loan company shown to
have pattern of violating automatic stay, ordered to pay damages to debtors,
punitive damages to non-profit organization,
attorney fees).
In
re Maddux v. Midl
Credit Management, Inc., 567 B.R. 489
(Bankr.E.D.Va. 2016) (Debt collector violated Bankruptcy Rule 3001 by failing
to itemize interest
fees included in proof of claim amount, ordered to pay
debtor’s attorney fees).
In re Foster, 556 B.R. 233 (Bankr.E.D.Va. 2016) (Allows debtor to claim exemption in 75% of distribution from deferred compensation plan).
In
re Sheets, 2014 Bankr. LEXIS 4198 (Bankr.E.D.Va. 2014)
(L
lord violated automatic stay by failing to affirmatively dismiss state
court debtor interrogatory hearing after notice of bankruptcy).
In re Swain, 509 B.R. 22 (Bankr.E.D.Va. 2014) (Projected disposable income test does not apply to post-confirmation plan modification in Chapter 13).
In re Schechter, 2012 Bankr. LEXIS 3796 (Bankr. E.D. Va. 2012) (Post-petition condo fees are not a claim in Chapter 13, allows creditor to seek state court judgment but limits execution during bankruptcy).
In
re Lavigne, 2007 Bankr. LEXIS 4187 (Bankr.E.D.Va. 2007), affirmed
in part
reversed in part, rem
ed by GMAC
v. Horne, 390 B.R. 191 (E.D.Va. 2008) (Cramdown denied of negative equity
from trade-in that was added to purchase money loan of new car).
In
re Freeman, 297 B.R. 41 (Bankr.E.D.Va. 2002) (Former l
lord
not entitled to administrative claim for unpaid post-petition rent
charges).
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