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U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt
  • Maurice Wutscher LLP
  • USA
  • May 15 2017

In a 5-3 decision handed down on May 15, the Supreme Court of the United States held that the federal Fair Debt Collection Practices Act (FDCPA) is


A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks
  • Murtha Cullina LLP
  • USA
  • May 16 2017

Earlier this week, the U.S. Supreme Court held that a creditor who deliberately files a bankruptcy proof of claim for a time-barred claim does not


9th Cir. Applies Anti-Deficiency Protections to Debtors’ Bankruptcy Estate Where Property of Estate is Sold in Non-Judicial Foreclosure
  • Maurice Wutscher LLP
  • USA
  • May 12 2017

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the Bankruptcy Appellate Panel’s determination that a creditor’s pre-bankruptcy


US Bankruptcy Court Enforces CDO Transaction Flip Clauses
  • White & Case LLP
  • USA
  • May 8 2017

On 28 June 2016, the US Bankruptcy Court for the Southern District of New York decided, in Lehman Brothers Special Financing Inc. v. Bank of America


Supreme Court Reverses Bankruptcy Proof of Claim Case
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • May 16 2017

Yesterday, the Supreme Court reversed the Eleventh Circuit’s holding in Midland Funding v. Johnson in a 5-3 split. Their decision resolves a circuit


Reserve it or Lose it: Sixth Circuit BAP Reverses Bankruptcy Court on Issue of Whether Trustee Abandoned Asset in Chapter 7 Case
  • Foster Swift Collins & Smith PC
  • USA
  • May 17 2017

In a recent decision, the Bankruptcy Appellate Panel of the Sixth Circuit (the “Court”) considered the issue of asset “abandonment” in a Chapter 7


U.S. Supreme Court to Review Scope of “Settlement Payment Defense” for Bankruptcy Clawback Suits
  • K&L Gates
  • USA
  • May 12 2017

On May 1, 2017, the U.S. Supreme Court announced that it would review the Seventh Circuit’s decision in FTI Consulting, Inc. v. Merit Management Group


Supreme Court Holds That Filing of Time-Barred Bankruptcy Claim Does Not Violate FDCPA
  • Baker & Hostetler LLP
  • USA
  • May 16 2017

On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) in which it held that


United States: Delaware District Court Decision May Change the Procedure for Approving Non-Consensual Third Party Releases
  • Baker McKenzie
  • USA
  • May 17 2017

Third party releases in a chapter 11 plan have become fairly common in the United States. A recent decision by the Delaware District Court in Opt-Out


District Court Takes on the Intersection of Bankruptcy and the FDCPA
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • May 12 2017

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel