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    Eleventh Circuit extends FDCPA to the filing of bankruptcy proofs of claim
    2014-07-21

    The United States Court of Appeals for the Eleventh Circuit (the “Eleventh Circuit”) has become the first circuit court to extend sections 1692e and 1692f of the Fair Debt Collection Practices Act (“FDCPA”) to proofs of claim filed in a bankruptcy case, ruling that a debt collector is prohibited from filing a proof of claim on debt that is barred by the applicable state statute of limitation. In Crawford v. LVNV Funding, LLC, et al.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Following the Eleventh Circuit, Sixth Circuit sides with FDIC in latest tax refund dispute
    2014-07-25

    In the world of bank holding company bankruptcies, often a dispute arises between the parent company and the FDIC (as receiver for parent’s failed bank subsidiary) over the ownership of the tax refunds issued to the bank’s consolidated group pursuant to a consolidated tax return.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Federal Deposit Insurance Corporation (USA), Eleventh Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Eleventh Circuit’s recent decision clarifies an equity receiver’s standing to clawback receivership assets under the Florida Uniform Fraudulent Transfer Act
    2014-07-17

    The Eleventh Circuit’s recent opinion in Wiand v. Lee clarifies longstanding issues relating to an equity receiver’s standing to pursue clawback claims for the benefit of the receivership estate under the Florida Uniform Fraudulent Transfer Act (“FUFTA”).  See Wiand v. Lee, 2014 WL 2446084 (11th Cir. Jun.

    Filed under:
    USA, Florida, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Berger Singerman LLP, Fraud, Standing (law), Eleventh Circuit
    Authors:
    Gavin C. Gaukroger
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Creditors collecting old debts beware
    2014-07-18

    Creditors in bankruptcy cases may be interested in the July 10, 2014 Opinion issued by the Eleventh Circuit in Crawford v. LVNV Funding, LLC. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Arnall Golden Gregory LLP, Bankruptcy, Statute of limitations, Limited liability company, Debt, Eleventh Circuit
    Authors:
    Darryl Scott Laddin
    Location:
    USA
    Firm:
    Arnall Golden Gregory LLP
    Eleventh Circuit holds that filing a proof of claim in bankruptcy on a time-barred debt violates the FDCPA
    2014-07-15

    In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim on a time-barred debt in a bankruptcy case violates the Fair Debt Collection Practices Act (“FDCPA”).[1] See No. 13-12389,__ F.3d __, 2014 WL 3361226 (11th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Debt, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Alan D. Leeth , Rachel R. Friedman
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Non-compete agreement void when executed prior to employment; filing stale claim in bankruptcy court violated FDCPA
    2014-07-16

    In this week’s Alabama Law Weekly Update, we share with you two decisions from the 11th Circuit Court of Appeals. The first concerns non-competition agreements and the second deals with FDCPA violations in bankruptcy cases.

    Dawson v. Ameritox, LTD, No. 14-10084 (11th Cir. July 10, 2014) (holding that non-compete agreement was void under Ala. Code § 8-1-1, where employee signed the agreement four days before his employment officially began).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Sirote & Permutt PC, Injunction, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court, Eleventh Circuit
    Authors:
    Ashten Kimbrough Seay
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court holds that Section 521(a)(2) is more than a mere notice statute
    2014-05-28

    Bankruptcy Court holds that Section 521(a)(2) is more than a mere notice statute and that a chapter 7 debtor’s stated intent to surrender real property under that provision means that a debtor must allow the mortgagee to take possession through foreclosurewWithout interference or impediment

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Debtor, Foreclosure, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Emotional distress damages recoverable for violation of bankruptcy automatic stay
    2014-05-08

    In Lodge v. Kondaur Capital Corp., Case No. 13-10919 (decided May 8, 2014), the United States Court of Appeals for the Eleventh Circuit decided an issue that it never previously addressed: whether a party could recover damages under 11 U.S.C. § 362(k) for emotional distress resulting from another party’s violation of the automatic stay in bankruptcy. In Lodge, the Court held that such damages were recoverable but could not be recovered in the particular circumstances of that case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith, Gambrell & Russell, LLP, Bankruptcy, Foreclosure, Eleventh Circuit
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    Supreme Court denies certiorari to hear Bank of America’s challenge to Eleventh Circuit’s rule regarding lien stripping in chapter 7 bankruptcy cases
    2014-05-12

    The United States Supreme Court recently denied certiorari to an Eleventh Circuit appeal which would have addressed the issue of whether section 506(d) of the Bankruptcy Code permits a chapter 7 debt to “strip off”1 a wholly unsecured junior lien in Bank of America, N.A. v. Sinkfield.2 As a result, wholly unsecured junior creditors will continue to suffer the harsh consequence of having its junior lien completely “stripped off” in Eleventh Circuit bankruptcy cases, despite other Circuits around the country holding to the contrary.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Debtor, Small Business Administration (USA), Supreme Court of the United States, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP

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