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Arizona Supreme Court Holds Notice of Trustee’s Sale Does Not Accelerate Debt, Foreclosure Not Time-Barred

USA - September 23 2022 The Supreme Court of Arizona recently held that recording a notice of trustee’s sale, by itself, is not an affirmative act that accelerates the debt…

3rd Cir. Excludes Home from Bankruptcy When Seller in Installment Sale Contract Obtained Possession Pre-Petition

USA - September 12 2022 The U.S. Court of Appeals for the Third Circuit recently held that, because the home seller in an installment sale contract received a judgment of…

8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case

USA - September 9 2022 The U.S. Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim…

5th Cir. Dismisses FDCPA Case on Standing Grounds in Class Cert. Appeal

USA - August 24 2022 The U.S. Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the…

7th Cir. Upholds Dismissal of Case for Lack of Standing at Summary Judgment Stage

USA - August 22 2022 The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s dismissal of a class-action lawsuit at the summary judgment stage…