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.
2nd Circuit , New York ,
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.
5th Circuit , Louisiana ,
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.