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Supreme Court Narrows FDCPA’s Definition of Debt Collector
  • Davis Wright Tremaine LLP
  • USA
  • June 27 2017

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme

Supreme Court Hears Oral Argument In Significant FDCPA Case
  • Baker & Hostetler LLP
  • USA
  • April 27 2017

This month, the Supreme Court heard oral argument in a case with potential to affect companies that purchase consumer debt and then collect it for

White Collar Roundup - March 2017
  • Day Pitney LLP
  • USA
  • March 7 2017

The U.S. Supreme Court will consider in Class v. United States "whether a guilty plea inherently waives a defendant's right to challenge the

SCOTUS ruling makes it easier for borrowers to rescind home loan under truth in Lending Act
  • Holland & Knight LLP
  • USA
  • January 14 2015

On January 13, 2015, the U.S. Supreme Court unanimously ruled that borrowers may reserve and effect their right to rescission by simply notifying

Ninth Circuit widens circuit split over application of state or federal bankruptcy law to determine whether claims of insider-lenders should be recharacterized as equity
  • Ropes & Gray LLP
  • USA
  • May 3 2013

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit

U.S. Supreme Court resolves circuit split in favor of secured lenders’ credit-bid rights in chapter 11 bankruptcy cases
  • Seyfarth Shaw LLP
  • USA
  • June 4 2012

The U.S. Supreme Court issued a unanimous decision on May 29, 2012, finding that a chapter 11 bankruptcy plan of liquidation is not confirmable over a secured lender’s objection if such plan prohibits the lender from credit bidding at a sale of its collateral.

Seventh Circuit rules that secured creditors must be given the right to credit-bid
  • Jones Day
  • USA
  • October 13 2011

In this article, we will review some of the recent developments in the way schemes of arrangement under English law have been used and some of the legal issues that have arisen.

CR&B alert case updateSeventh Circuit upholds lenders’ credit bidding rights in River Road decision
  • Reed Smith LLP
  • USA
  • September 14 2011

The Seventh Circuit recently weighed in on the issue of whether a secured creditor has a right to credit bid at the sale of its collateral in connection with a chapter 11 plan of reorganization

Secured lenders have a right to credit bid in bankruptcy -- at least in the Seventh Circuit
  • Porter Wright Morris & Arthur LLP
  • USA
  • August 2 2011

Breaking with the Third Circuit and the Fifth Circuit, on June 28, 2011, the Seventh Circuit held that a debtor's plan of reorganization that provides for the sale of the debtor's assets free and clear of an existing security interest may only be confirmed over the objection of its secured creditor if the plan's sale procedure permits the secured creditor to credit bid its secured debt for the assets being sold.

Seventh Circuit upholds right of secured creditors to credit bid under a Chapter 11 plan
  • Katten Muchin Rosenman LLP
  • USA
  • July 21 2011

On June 28, 2011, the United States Court of Appeals for the Seventh Circuit became the latest circuit to weigh in on the hotly contested question of whether a debtor can deny a secured creditor the right to credit bid as part of a Chapter 11 plan providing for the sale of assets encumbered by the secured creditor’s liens.