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  1. #1
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    Nov 2013
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    Default Bankruptcy and Class Action Settlement

    My question involves bankruptcy in the state of: If I filed BK in 2010, am I still able to receive a class action settlement from this company if they were included in the bankruptcy.
    I live in Arizona and the company is ocwen
    Thanks

  2. #2
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    Default Re: Bankruptcy and Class Action Settlement

    Quote Quoting doprider
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    My question involves bankruptcy in the state of: If I filed BK in 2010, am I still able to receive a class action settlement from this company if they were included in the bankruptcy.
    I live in Arizona and the company is ocwen
    Thanks
    How were they included in the bankruptcy? What is the issue of the class action suit?

  3. #3
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    Nov 2013
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    Default Re: Bankruptcy and Class Action Settlement

    Ocwen sent letters to individual that violated something. The website is carrsettlement.com. They were included in BK because it was a balance owed from a house the was short sold.

  4. #4
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    Default Re: Bankruptcy and Class Action Settlement

    Quote Quoting doprider
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    Ocwen sent letters to individual that violated something. The website is carrsettlement.com. They were included in BK because it was a balance owed from a house the was short sold.
    This is the kind of class action suit that may end up being good for the attorneys, but its unlikely to result in much of a settlement for the individuals in the "class". So its not going to be a big deal one way or the other. The fact that you later discharged the debt in bankruptcy is irrelevant to the claim that they violated the law in their collection practices.

  5. #5
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    Default Re: Bankruptcy and Class Action Settlement

    do you realize that you are not getting anything from that, unless you are Myrtle Carr?

    If you are Myrtle Carr, the attorneys representing the class will be mailing you your $2500. If you are not Myrtle Carr, don't wait by the mailbox for the money that isn't going to come.



    12. Attorneys’ Fees And Expenses. The Court awards attorneys’ fees
    and expenses of $125,000.00 to class counsel. This award is fair and reasonable,
    pursuant to Fed. R. Civ. P. 23(h) and is in accordance with the terms of the
    settlement. The Court finds that the award of attorneys’ fees and expenses is fair
    and reasonable in consideration of, among other things, the efforts of class counsel
    and the settlement they achieved for the settlement class, and that the amount of
    expenses is reasonable and was reasonably incurred in the course of the litigation.
    Such award shall be paid by Ocwen in accordance with the terms and deadlines set
    forth in the settlement.



    13. Incentive Award. The Court hereby awards $2,500.00 to class
    representative Myrtle Carr as an incentive award in her capacity as the
    representative plaintiff in this action. Such award shall be paid by Ocwen in
    accordance with the terms and deadlines set forth in the settlement.



    14. No Other Payments. The preceding two paragraphs of this Order
    and Final Judgment shall be deemed a final adjudication, without limitation, of any
    and all claims against the Released Parties for any and all past, present or future
    attorneys’ fees and expenses, costs or disbursements incurred or to be incurred by
    class counsel for representing class representative Myrtle Carr, the settlement
    class, or settlement class members, or incurred by or on behalf of class
    representative Myrtle Carr or the settlement class members, or any of them, in
    connection with or related in any manner to the action, the settlement of the action,
    any appeal from this Order and Final Judgment, or the administration or
    implementation of the settlement, except to the extent otherwise specified in this
    Order and Final Judgment and the settlement itself. The Court finds and concludes
    that no counsel other than class counsel are entitled to any award of attorneys’ fees
    from any of the Released Parties, class counsel, or Plaintiff Myrtle Carr. Class
    representative Myrtle Carr is not precluded by this Order and Final Judgment from
    seeking attorneys’ fees, expenses, costs, or disbursements from an objecting
    settlement class member or his or her counsel in connection with any appeal filed
    by an objecting settlement class member to the extent such an award might
    otherwise be appropriate under applicable law

  6. #6
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    Default Re: Bankruptcy and Class Action Settlement

    Ok. Thank you for the info!

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