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    Third Circuit Court of Appeals Upholds Motion for Summary Judgment in FDCPA Case
    2019-10-28

    In a non-precedential ruling, the Court of Appeals for the Third Circuit upheld a district court decision to grant summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    UCC Incorporation By Reference: An Imperfect Way To Perfect
    2018-10-08

    View original on Law360: https://www.law360.com/articles/1088680/ucc-incorporation-by-reference-an-imperfect-way-to-perfect

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Attorney fees: following local law can mean the difference between collecting or not
    2015-02-10

    Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) –

    A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to exercise its rights under a security deed securing the debtor’s guaranty based in part on the debtor’s lack of equity in the property.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers: who gets first dibs on Christmas trees?
    2012-10-25

    Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) –

    In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong arm” powers under Section 544(a) of the Bankruptcy Code to trump the liens of two of their lenders on the Christmas trees.

    Filed under:
    USA, Oregon, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Personal property, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Japanese and Singaporean investors capitalizing on U.S. investment opportunities
    2011-06-06

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 4, No. 6 edition of the Bloomberg Law Reports—Asia Pacific Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    Japan, Singapore, USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Troutman Pepper, Foreign direct investment, Credit (finance), Security (finance), Market liquidity, Subprime lending, Investment banking, Economy, Balance sheet, Distressed securities, Brokerage firm
    Authors:
    Todd A. Feinsmith
    Location:
    Japan, Singapore, USA
    Firm:
    Troutman Pepper
    CFPB Releases its Report Examining Consumer Bankruptcy Trends from 2001 to 2018
    2019-10-07

    The Consumer Financial Protection Bureau published its quarterly consumer credit trends report on September 25. In the Report, the CFPB gave an in-depth look at bankruptcy trends and the impact of filing for the period 2001-2018, which includes the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) and the Great Recession.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Debtor, Title 11 of the US Code, Consumer Financial Protection Bureau (USA)
    Authors:
    Jared D. Bissell , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Democrat Senators Seek Amendment of FCRA, FDCPA for Medical Debts
    2018-08-21

    On August 16, seven Democrat senators proposed a bill (S.3351, named the “Medical Debt Relief Act of 2018”) to amend the Fair Credit Reporting Act and Fair Debt Collection Practices Act to cover certain provisions related to the collection of medical-related debt. The proposed act would institute a 180-day waiting period under the FCRA before medical debt could be reported on a person’s credit report. Further, medical debt that has been settled or paid off would be required to be removed from a person’s credit report within 45 days of payment or settlement.

    Filed under:
    USA, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, Troutman Pepper, Debt collection, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Real estate cases: you may want to think twice before you file
    2015-01-30

    Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  –

    A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It alleged that the bankruptcy petition was filed for an improper purpose.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers: not all mistakes are equal in avoiding a mortgage
    2012-10-16

    Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) –

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Updates to Dodd-Frank rulemaking, including orderly liquidation authority and Volcker Rule conformance
    2011-02-18

    Recently, the Federal Deposit Insurance Corporation (FDIC) and the Federal Reserve Board (FRB) each issued rules related to different aspects of the Dodd-Frank Act. The FDIC published in the Federal Register an interim final rule clarifying how it will treat certain creditor claims under the new orderly liquidation authority (OLA) granted under Title II of the Dodd-Frank Act.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Troutman Pepper, Federal Register, Federal Reserve Board, Liquidation, Holding company, Bank holding company, Consolidation (business), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), International Financial Reporting Standards, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council
    Location:
    USA
    Firm:
    Troutman Pepper

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