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Sirote Success: Sirote obtains dismissal of class action in bankruptcy fee disclosure case

By Shaun Ramey • Monday, October 1, 2012

Court holds that mere recording of post‐petition fee assessments on a borrower's
account history does not amount to an act to collect in violation of the
Bankruptcy Court's automatic stay injunction. The servicer's practice of not
sending statements or making collection calls after bankruptcy was filed
prevented the class from claiming that the servicer was improperly seeking to
collect on post‐petition fees which had not been previously disclosed to the
borrower in the bankruptcy. Shaun Ramey was the lead attorney in the defense of
our servicer client.

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