Folks residing on less than US$2.50 a day urgently want dependable financial services. Rejecting the defendant’s judicial estoppel argument, the court docket reasoned that neither the debtor nor the trustee were judicially estopped from pursuing the FDCPA and TCPA claims.
Compounding this example is the fact that nearly all of those dwelling in or close to poverty lack even probably the most basic banking providers.
It is usually resisted by enacting legal guidelines and regulations that, in effect, prevent change from occurring.
Regarding enforceability, the Court docket held that the Bankruptcy Code doesn’t include a requirement that a declare be enforceable.
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In a Chapter 13 bankruptcy proceeding, the claims procedure makes it significantly extra likely that an effort to collect upon a stale claim … will be met with resistance, objection, and disallowance” and minimize the danger to the debtor.
The attainable elimination of 403(b) plans during tax reform in favor of just having 401(k) plans might also serve as an impediment to TIAA-CREF, to a point.