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Eleventh Circuit holds that filing a proof of claim in bankruptcy on a time-barred debt violates the FDCPA

  • Burr & Forman LLP
  • -
  • USA
  • -
  • July 15 2014

In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim on a

U.S. Supreme Court denies bankruptcy protection for inherited IRAs

  • Tucker Ellis
  • -
  • USA
  • -
  • July 17 2014

The U.S. Supreme Court's recent decision in Clark v. Rameker has given individuals with IRAs a new reason to consider the use of trusts as their

Unfinished business: and the winner is . . .

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 11 2014

In a unanimous decision, the New York Court of Appeals stuck a dagger through the heart of bankruptcy estates of failed law firms as it declared that

Non-compete agreement void when executed prior to employment; filing stale claim in bankruptcy court violated FDCPA

  • Sirote & Permutt PC
  • -
  • USA
  • -
  • July 16 2014

In this week's Alabama Law Weekly Update, we share with you two decisions from the 11th Circuit Court of Appeals. The first concerns non-competition

Lender beware: ensure plan releases are limited to debtor’s obligations

  • Bilzin Sumberg Baena Price & Axelrod LLP
  • -
  • USA
  • -
  • July 15 2014

A creditor who settles with a debtor during a bankruptcy case must be sure to continue following the case during the plan stage, or risk the plan

U.S. Supreme Court rules inherited IRAs not exempt from creditors’ claims in bankruptcy

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • July 16 2014

The recent unanimous decision of the United States Supreme Court (the "Court") in Clark v. Rameker, 573 U.S. _____ (2014) held that inherited IRAs do

Federal antitrust laws: a new tool to prohibit pre-petition coordination among creditors?

  • Bryan Cave LLP
  • -
  • USA
  • -
  • July 14 2014

The antitrust laws generally prohibit any agreement or conspiracy that unreasonably restrains trade. A typical antitrust violation is a conspiracy

Creditors collecting old debts beware

  • Arnall Golden Gregory LLP
  • -
  • USA
  • -
  • July 18 2014

Creditors in bankruptcy cases may be interested in the July 10, 2014 Opinion issued by the Eleventh Circuit in Crawford v. LVNV Funding, LLC. The

Staying on leased property after a bankruptcy 363 sale

  • Arent Fox LLP
  • -
  • USA
  • -
  • July 15 2014

On May 28, 2014, the District Court for the Southern District of New York affirmed an order from the bankruptcy court in Dishi & Sons v. Bay Condos

No more ugly American: Judge refuses to allow Madoff trustee to pursue foreign indirect investors

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 17 2014

Judge Jed S. Rakoff of the Southern District of New York last week ruled that the U.S. Bankruptcy Code does not permit a bankruptcy trustee to