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    Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration
    2021-07-12

    In a recent opinion, the Bankruptcy Court for the District of Maryland dealt with a conflict between the strong presumption in favor of enforcing arbitration agreements and the Bankruptcy Code’s emphasis on centralization of claims. Based on an analysis of the two statutory schemes and their underlying policies and concerns, the Court decided to lift the automatic stay to allow the prepetition arbitration proceeding to go forward with respect to non-core claims.

    Background

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Dechert LLP, European Securities and Markets Authority, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling
    2021-06-18

    On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the Gramm-Leach-Bliley Act (GLBA) prohibiting the use of fraudulent statements to obtain consumer information.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Sheppard Mullin Richter & Hampton LLP, Federal Trade Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Moorari Shah , A.J. Dhaliwal , Brandon Faus
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Bankruptcy Court Circumvents Midland Funding LLC v. Johnson by Awarding Debtor Attorney’s Fees
    2021-05-05

    On March 31, 2021, the United States Bankruptcy Court for the District of Nevada awarded attorney’s fees to a debtor under a Nevada fee-shifting statute for objecting to a time-barred proof of claim.1 The opinion serves as a warning that filing a proof of claim for time-barred debt may carry consequences other than claim disallowance despite the Supreme Court’s recent holding in Midland Fu

    Filed under:
    USA, Nevada, Company & Commercial, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
    Authors:
    Justin F. Paget , Eric Wilson
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Bankruptcy Law 2020: A Look Back and What to Expect Moving Forward
    2020-12-23

    The year 2020 in bankruptcy law started with an eye on increasing the ability of small businesses to utilize the Chapter 11 process in a more efficient and less expensive way, which lead to a record number of commercial filings, a reduction in consumer filings, and a test of the bankruptcy system.

    SBRA aka Subchapter V

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Fair Debt Collection Practices Act 1977 (USA), CARES Act 2020 (USA)
    Authors:
    Alan C. Hochheiser
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Top 10 Changes to Consumer Bankruptcy Proposed in the Consumer Bankruptcy Reform Act of 2020
    2020-12-14

    On December 9, 2020, Congressional Democrats, including Elizabeth Warren (D-Mass.) and Jerrold Nadler (D-N.Y.), proposed sweeping legislation that would overhaul consumer bankruptcy law. The proposed changes generally make it easier for consumers to access the bankruptcy system and discharge their debts. Below is a discussion of 10 critical changes proposed in the Consumer Bankruptcy Reform Act of 2020 (CBRA).

    1. Chapters 7 and 13 Are Replaced with New Chapter 10

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Coronavirus, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy
    2020-12-14

    The U.S. Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Consumer Financial Protection Bureau Issues Final Rule Implementing Fair Debt Collection Practices Act
    2020-11-10

    Alerts and Updates

    The rule becomes effective one year after it is published in the Federal Register.

    On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule revising Regulation F, 12 CFR part 1006, which implements the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Jonathan M. Petrakis , Lynne E. Evans
    Location:
    USA
    Firm:
    Duane Morris LLP
    BACK TO BASICS, Continued—Common Mistakes Made in the Loan Office
    2020-04-07

    Operating a consumer finance company in normal times is no simple process—in the on-going pandemic, it is even tougher.  

    This may be a good time to step back a minute to examine the most common mistakes that we see made by finance companies.  I offer the following for your consideration:  

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Sirote & Permutt PC, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Maurice L. Shevin
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Bankruptcy Court (EDPA) Holds Servicer May Have FDCPA Liability for Proofs of Claim
    2020-02-24

    The U.S. Bankruptcy Court for the Eastern District of Pennsylvania recently held that a debtor alleged a plausible claim against a mortgage loan servicer under the federal Fair Debt Collection Practices Act (FDCPA) based on the servicer’s proof of claim filed after obtaining a foreclosure judgment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Mortgage loan, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bankruptcy Court Holds That Filing a False Rule 3001.1 Notice is an Abuse of Process Under the Bankruptcy Code and Violates FDCPA
    2020-02-18

    Key Notes:

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Mortgage loan, Due diligence, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court
    Authors:
    Jessica E. Salisbury-Copper , Scott A. King , Scott E. Prince
    Location:
    USA
    Firm:
    Thompson Hine LLP

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