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Crawford v. LVNV Funding, LLC et al(LEAD)

BRIEF/MEMORANDUM in Support of Appeal

20 Cited authorities

  1. Clomon v. Jackson

    988 F.2d 1314 (2d Cir. 1993)   Cited 900 times   4 Legal Analyses
    Holding that the least sophisticated consumer standard applies to whether § 1692e has been violated

  2. Keele v. Wexler

    149 F.3d 589 (7th Cir. 1998)   Cited 665 times   1 Legal Analyses
    Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee

  3. Jacobson v. Healthcare

    516 F.3d 85 (2d Cir. 2008)   Cited 405 times
    Holding that a debt collection letter did not violate 15 U.S.C. § 1692g where the plaintiff's "right to seek validation of the debt was . . . explained, not on the back of the demand letter, but on its face, below the initial statement, and in clear terms"

  4. Randolph v. IMBS, Inc.

    368 F.3d 726 (7th Cir. 2004)   Cited 378 times   6 Legal Analyses
    Holding that the Bankruptcy Code "cannot be deemed to have repealed or curtailed [the FDCPA] by implication"

  5. Jeter v. Credit Bureau, Inc.

    760 F.2d 1168 (11th Cir. 1985)   Cited 438 times   3 Legal Analyses
    Holding that threat of legal action if debt not paid does not harass or abuse the debtor

  6. Baker v. G. C. Services Corp.

    677 F.2d 775 (9th Cir. 1982)   Cited 364 times
    Holding that the defense does not apply to legal errors

  7. In re Sublett

    895 F.2d 1381 (11th Cir. 1990)   Cited 281 times
    Holding that an oversecured creditor is entitled to post-petition interest if the creditor is oversecured or if the estate proves to be solvent

  8. In re Thomas

    883 F.2d 991 (11th Cir. 1989)   Cited 228 times
    Holding that a secured creditor's lien survived a Chapter 13 discharge even though it had not been provided for in the plan and the secured creditor had not filed a proof of claim

  9. McCartney v. First City Bank

    970 F.2d 45 (5th Cir. 1992)   Cited 182 times
    Holding that an action under § 1692 is "not contingent upon the validity of the underlying debt"

  10. Wegner v. Grunewaldt

    821 F.2d 1317 (8th Cir. 1987)   Cited 191 times
    Rejecting proposed construction of U.C.C. that "would impair the transferability of secured property"

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,536 times   79 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,781 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Section 158 - Appeals

    28 U.S.C. § 158   Cited 18,165 times   57 Legal Analyses
    Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,047 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Rule 26.1 - Disclosure Statement

    Fed. R. App. P. 26.1   Cited 27 times   4 Legal Analyses

    (a) NONGOVERNMENTAL CORPORATIONS. Any nongovernmental corporation that is a party to a proceeding in a court of appeals must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene. (b) ORGANIZATIONAL VICTIMS IN CRIMINAL CASES. In a criminal case, unless the government shows good cause, it must file