The U.S. Supreme Court recently weighed in on whether the filing of a proof of claim could give rise to a violation of the Fair Debt Collection Practices Act (FDCPA) if the statute of limitations on the underlying claim had expired.
For the uninitiated, “crowdfunding” is a form of fundraising in which many relatively small contributions are sourced from a “crowd” of “backers” to support a prospective goal, product or company. Crowdfunding transactions can be structured as donations, pre-orders, loans or even equity investments.
Elvis Presley once said, “Truth is like the sun. You can shut it out for a time but it ain’t going away.” As we all know, the legal system in the U.S. is predicated upon truth — the decisions of the fact-finder are based on the veracity of the evidence presented. In Ehrenberg v.
It has now been almost two years since Bankruptcy Judge Steven W. Rhodes (ret.) confirmed an adjustment plan for the city of Detroit, the largest chapter 9 case ever filed. According to ABI’s statistics, 11 “municipalities” have filed for chapter 9 protection since Jan.
While the Federal Rules of Bankruptcy Procedure (FRBP) mirror the Federal Rules of Civil Procedure, the two rule sets contain enough significant differences to require a lawyer appearing in bankruptcy court to do a little homework beforehand.
Fraudulent-transfer law is a crucial component of debtor/creditor relationships. In the bankruptcy context, fraudulent intent is an essential element for both a trustee’s clawback power through § 548(a)(1)(A) of the Bankruptcy Code and for denial of a discharge through § 727(a)(2).
The Bankruptcy Code revisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 included a requirement that a court appoint a consumer privacy ombudsman (CPO) in some cases involving the sale of personally identifiable information. This requirement has now been in effect for over 10 years, and the time is ripe to assess the CPO’s role in bankruptcy cases.
This article outlines the legislative framework behind and briefly describes the process of a bankruptcy proceeding, the Canadian equivalent of a chapter 7 filing in the U.S.
Justice Antonin Scalia's death this past February left a vacancy on the Supreme Court and set off a partisan battle over the confirmation of his successor.
If a debtor has received a fraudulent transfer, he or she may also have incurred a nondischargeable debt. According to a recent ruling by the Supreme Court, the discharge exception for “actual fraud” is now broad enough to include the liability imposed, if any, on the recipient of fraudulent transfer. The Court resolved a circuit split in Husky International Electronics Inc. v.
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