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1
Change Is Coming! (To The Federal Rules Of Civil Procedure)
Effective December 1, important changes are coming to the Federal Rules of Civil Procedure, including:
United States
23 Nov 2018
2
Lone Court Decision Complicates Question Regarding Effect Of Bankruptcy Under WVCCPA
The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection.
United States
22 Nov 2018
3
N.D. Ill. Applies "Competent Lawyer" Standard To Dismiss FDCPA Claims Based On Collection Letter Sent To Consumer's Attorney
The Northern District of Illinois recently held that a collection letter sent to a consumer's attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the "competent lawyer" standard.
United States
14 Nov 2018
4
Reporting Outstanding Balance Or Past Due Payments Of Account Included In Ch. 13 Bankruptcy Plan Does Not Violate FCRA
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
United States
20 Aug 2018
5
Courts Expand Eligibility For Chapter 13 Bankruptcy Of Persons Seeking To Discharge Outstanding Student Loans
Chapter 13 of the United States Code's eleventh title "permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual's exact circumstances,"...
United States
15 May 2018
6
Consumer Bankruptcy Committee Issues Observations And Recommendations Regarding Student Loan Debts
As summarized in the March 2018 issue of the American Bankruptcy Institute Journal, ABI's Consumer Bankruptcy Committee has recently issued several recommendations ...
United States
15 Mar 2018
7
Department Of Education's February Memo: Will The Brunner Test For The Discharge Of Student Loan Debts Survive?
On February 21, the United States Department of Education, led by Secretary Elizabeth Dee DeVos, issued a memorandum indicating it was considering stepping into the debate over...
United States
13 Mar 2018
8
11th Circuit Applies Totality-Of-The-Circumstance Analysis To Judicial Estoppel
On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and...
United States
12 Oct 2017
9
Pending Changes To Federal Bankruptcy Rules Could Negatively Impact Residential Mortgage Lenders
The U.S. Supreme Court has approved changes to the Federal Bankruptcy Rules that, if they become effective, will result in important alterations to the filing of proofs of claim by residential mortgage...
United States
28 Jun 2017
10
Supreme Court Rules That Filing A Proof Of Claim On A Time-Barred Debt Does Not Violate The FDCPA
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
United States
22 May 2017
11
Modernizing New York's Fraudulent Conveyance Laws
In January 2017, a bill was introduced in the New York State Assembly to repeal New York's version of the UFCA and replace it with the UVTA, adopted by the Uniform Law Commission in 2014.
United States
16 Mar 2017
12
The Sixth Circuit Finds That A Bank Is Not A Transferee For Deposits Made In Excess Of The Amount Owed
The Sixth Circuit held that a bank does not have "dominion and control" over funds deposited at the bank that its borrower later withdrew or the government seized
United States
3 Mar 2017
13
Validation Notice Including Request For Payment And Identifying Creditor By Acronym Does Not Violate FDCPA
The United States District Court for the Southern District of California recently dismissed all of a plaintiff's claims in the putative class action Matthew Stuppiello v. Southwest Credit Systems, L.P.
United States
28 Feb 2017
14
Supreme Court Focuses On Intersection Of FDCPA And Bankruptcy Code
On January 17, 2017, the United States Supreme Court heard oral argument in the case of Midland Funding, LLC v. Johnson, an appeal from the Eleventh Circuit.
United States
6 Feb 2017
15
The Eleventh Circuit Finds That A Debtor's Misuse Of A Lender's Collateral Gives Rise To A Nondischargeable Claim
The Eleventh Circuit held that when a debtor knows of a lender's security interest and the debtor moves the lender's collateral for personal gain...
United States
27 Jan 2017
16
Secured Creditors Are Rejoicing Over The Ninth Circuit's Decision Overruling Costly Precedent
Secured creditors are rejoicing over the recent decision of the United States Court of Appeals for the Ninth Circuit holding that a creditor is entitled to collect default interest...
United States
21 Nov 2016
17
Supreme Court Grants Cert. In FDCPA Claim Related to Filing of Stale Claims in Bankruptcy
Yesterday, the United States Supreme Court granted the petition for certiorari of Midland Funding, LLC v. Johnson.
United States
19 Oct 2016
18
Golden Shares Or Simply Gold Plated?
Special purpose entities or vehicles (commonly referred to as SPEs or SPVs) are frequently created as part of various types of financing transactions from real estate loans to more complex securitization structures.
United States
17 Oct 2016
19
Insurer Is Not Required To "Drop Down" And Provide Coverage Within Insolvent Insured's Retention
The Wisconsin Circuit Court has held that the insurer of a dissolved and insolvent company is only responsible for covered liabilities in excess of the retention applicable under its policy.
United States
6 Sep 2016
20
Fourth Circuit Rejects FDCPA Liability For Filing Proofs Of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the FDCPA...
United States
5 Sep 2016
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