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    Massachusetts high cost home loan law is preempted by TILA, court rules
    2011-09-30

    The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions. The July 27 ruling came in a case brought by Massachusetts residents who had jointly received a home mortgage loan from a national bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Federal preemption, Tax exemption, Credit (finance), Consumer protection, Mortgage loan, Depository institution, US Federal Government, Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Truth in Lending Act 1968 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Massachusetts
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    FTC reiterates concern about data transfers in bankruptcy
    2011-10-03

    The head of the Federal Trade Commission’s (“FTC”) Consumer Protection Bureau, David Vladeck, recently questioned the planned sale of email addresses and other information for about 48 million consumers by Borders Group, Inc. (“Borders”) as part of that entity’s bankruptcy proceeding.3 In a public letter, Mr. Vladeck noted that the data held by Borders included records of merchandise purchased (video and books) that could be perceived as personal by many customers.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Venable LLP, Bankruptcy, Information privacy, Consumer protection, Personally identifiable information, Data, Consent, Subscription business model, Federal Trade Commission (USA), United States bankruptcy court
    Authors:
    Stuart P. Ingis , Michael A. Signorelli , Emilio W. Cividanes , Tara Sugiyama Potashnik , Julia Tama , Kelly A. DeMarchis
    Location:
    USA
    Firm:
    Venable LLP
    Privacy vs. bankruptcy: case lesson on when customer data is not for sale
    2011-09-23

    On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising against the sale of Border's customer information absent customer consent or significant restrictions on the transfer and use of the information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Kelley Drye & Warren LLP, Credit card, Bankruptcy, Retail, Consumer protection, Interest, Personally identifiable information, Data, Consent, Liquidation, Consumer privacy, Federal Trade Commission (USA)
    Authors:
    Dana B. Rosenfeld
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    FDIC adopts final rule requiring living wills for financial institutions; institutions must now describe how they will be liquidated
    2011-09-14

    On September 13, 2011, the Federal Deposit Insurance Corporation approved a final rule requiring certain financial institutions to prepare a plan for their dismantling in the event of material financial distress or failure.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Lowenstein Sandler LLP, Regulatory compliance, Consumer protection, Adoption, Federal Reserve Board, Bank holding company, Advance healthcare directive, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Elementary and Secondary Education Act 1965 (USA), Federal Deposit Insurance Act 1950 (USA)
    Authors:
    S. Jason Teele , Sharon L. Levine
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Senior class gifting is not the end of the story: some recent developments regarding the absolute priority rule and the new value exception
    2011-08-10

    Much attention in the commercial bankruptcy world has been devoted recently to judicial pronouncements concerning whether the practice of senior creditor class “gifting” to junior classes under a chapter 1 1 plan violates the Bankruptcy Code’s “absolute priority rule.” Comparatively little scrutiny, by contrast, has been directed toward significant developments in ongoing controversies in the courts regarding the absolute priority rule outside the realm of senior class gifting— namely, in connection with the “new value” exception to the rule and whether the rule was written out of the Bankr

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Bankruptcy, Shareholder, Debtor, Consent decree, Consumer protection, Interest, Federal Reporter, US Congress, Bank of America, Supreme Court of the United States, Seventh Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Reform bankruptcy act provides relief for commercial lessors
    2007-01-03

    October 17, 2006 marked the one year anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Reform Act"). The Reform Act has provided some much needed relief to commercial landlords, and the reported decisions of bankruptcy courts during the first year of the Reform Act confirm the effectiveness of the new landlord-friendly provisions.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, Consumer protection, Unsecured debt, Commercial property, Landlord, Leasehold estate, Beneficiary, Default (finance), US House of Representatives, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Choice of bankruptcy venue: sound strategy or forum shopping?
    2007-04-01

    One of the most significant considerations in a prospective chapter 11 debtor’s strategic pre-bankruptcy planning is the most favorable venue for the bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Consumer protection, Liquidation, Collective bargaining agreements, Forum shopping, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    The State AG Report Weekly Update March 3, 2016
    2016-03-03

    Breaking News

    New Jersey Governor Names New Acting Attorney General

    Filed under:
    USA, Competition & Antitrust, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Media & Entertainment, Public, Cozen O'Connor, Consumer protection
    Authors:
    Bernard Nash
    Location:
    USA
    Firm:
    Cozen O'Connor
    BAPCPA 10 Years Later: the Effectiveness and Necessity of Bankruptcy Reforms Remain In Question
    2016-02-05

    In April 2005, the Bankruptcy Abuse Prevention Consumer Protection Act (“BAPCPA”) was signed into law, representing the most extensive revisions to the bankruptcy code in 35 years. The BAPCPA was the product of more than a decade of legislative efforts. Its stated purpose was to curb perceived consumer abuse of the bankruptcy system. At the time of its enactment, many bankruptcy practitioners, judges and others questioned whether such a drastic change to the law was necessary and expressed concern about the impact the BAPCPA would have on consumers and the system as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Consumer protection
    Authors:
    Kent Durning
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Collector’s sanctions motion backfires in Florida Federal Court
    2015-12-07

    The U.S. District Court for the Middle District of Florida recently denied a debt collector’s motion for sanctions based on the plaintiff’s filing of allegedly frivolous consumer protection claims, which the plaintiff consumer voluntarily dismissed with prejudice after demand from the debt collector’s counsel, where the debt collector failed to show the claims met the Eleventh Circuit’s two-prong test for frivolity.

    Filed under:
    USA, Florida, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Consumer protection, Collection agency, Frivolous litigation, Prejudice, US District Court for Middle District of Florida
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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