January 18, 2019
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
January 17, 2019
Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.
January 16, 2019
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
January 15, 2019
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
January 14, 2019
Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.
January 11, 2019
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
January 10, 2019
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
January 9, 2019
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
January 8, 2019
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
January 7, 2019
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.