Kuehn v. Cadle Co., Inc.

Some debt collectors are threatening consumers with turning in a 1099-C to the IRS ostensibly under 26 USC 6050P and claiming that discharged debt is "income" to the consumer. Is that legal?
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Kuehn v. Cadle Co., Inc.

Post by David A. Szwak »

Kuehn v. Cadle Co., Inc.,
Not Reported in F.Supp.2d, 2007 WL 1064306, M.D.Fla., April 06, 2007 (NO. 504CV432OC10GRJ)


WM. TERRELL HODGES, United States District Judge.

*1 This Fair Debt Collection Practices Act case is before the Court for consideration of the Plaintiff's Motion for Partial Summary Judgment (Doc. 73). The Defendant has filed a response in opposition (Doc. 78), and the motion is ripe for disposition. Upon due consideration, and for the reasons that follow, the Court finds that the motion is due to be granted in part and denied in part.

Undisputed Facts

The Plaintiff, Bonnie Kuehn, is a resident of Leesburg, Florida. She opened an Amicus FSB Bank Credit Card account at some point prior to 2002. While the account remained open and active, Ms. Kuehn made purchases and payments on the account in accordance with the terms of the Cardholder Agreement.

In late 2002, Amicus FSB ceased all electronic banking operations in the United States and sent letters to all account holders, including Ms. Kuehn, informing them that effective January 1, 2003 their credit cards would be deactivated and their accounts closed. Thereafter, Amicus FSB demanded payment in full on all outstanding balances, but continued to send monthly statements and accepted partial payments until approximately September 29, 2003. At that time, Amicus FSB was dissolved.

In August 2003, Cadleway Properties, Inc. purchased Amicus FSB credit card accounts that contained outstanding balances, including Ms. Kuehn's.FN1 Cadleway Properties is a purchaser of third party debts and engages in debt collection activities. It is one of over 40 related companies, all of which engage in various forms of debt purchasing and debt collection activities.

FN1. Ms. Kuehn contends that Cadleway Properties purchased “several thousandâ€
David Szwak
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