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.
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 24, 2020
Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.
10th Circuit , Utah ,
November 20, 2020
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
November 10, 2020
The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.
November 9, 2020
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
November 6, 2020
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
November 5, 2020
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
November 4, 2020
Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.
10th Circuit , Utah ,
October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.