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Rochelle's Daily Wire

December 3, 2020

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

December 2, 2020

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

November 30, 2020

Cutting off post-petition liens under PROMESA did not violate the Takings Clause.

October 30, 2020

Creditors are entitled to ‘default interest’ when the debtor is solvent.

October 13, 2020

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.

September 29, 2020

Insurance companies must nail down the treatment of performance bonds before plan confirmation.

September 18, 2020

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

September 2, 2020

Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.

September 1, 2020

Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.

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