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    Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B
    2016-08-02

    In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Circ. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Federal preemption, Bankruptcy, Debtor, Statute of limitations, Federal Reporter, Debt, Collection agency, Unconscionability, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Delaware Bankruptcy Court Declines to Follow Second Circuit and Holds Safe Harbors Do Not Apply to Some State Law Fraudulent Conveyance Claims
    2016-07-21

    The Bankruptcy Court for the District of Delaware recently held that the Bankruptcy Code Section 546(e) safe harbors do not prevent a liquidation trust from pursuing some state law constructive fraudulent conveyance claims assigned to the trust by creditors.1 Notably, the Bankruptcy Court declined to follow the Second Circuit's recent Tribune decision, in which the Second Circuit concluded that the Section 546(e) safe harbors apply to state law constructive fraudulent conveyance claims on federal preemption grounds.2 Instead, the Bankruptcy Court decided that federal preemption did not appl

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Federal preemption, Security (finance), Safe harbor (law), Commodity broker, Foreclosure, Liquidation, Bad faith, Conveyancing, US Code, Title 11 of the US Code, Trustee, Second Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jason W. Harbour
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Goody goody: Third Circuit affirms stub rent can be an administrative expense claim
    2010-10-26

    Commercial lessors have long enjoyed certain individualized protections under section 365 of the Bankruptcy Code. The Third Circuit’s recent decision in In re Goody’s Family Clothing, Inc., __ F.3d ___, 2010 WL 2671929 (3d Cir. June 29, 2010), makes it clear that commercial lessors also can take advantage of the more general protections available to creditors to obtain payment for goods and services they provide to a debtor after it files for bankruptcy where the specific protections are not applicable.

    Section 365(d)(3)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Holland & Knight LLP, Federal preemption, Bankruptcy, Costs in English law, Debtor, Landlord, Federal Reporter, Pro rata, US Code, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Barbra R. Parlin
    Location:
    USA
    Firm:
    Holland & Knight LLP
    FAA registration law does not preempt state UCC where partially completed airplanes fail to satisfy FAA definition of “aircraft”
    2011-06-15

    Mata, et al., v. Eclipse Aerospace, Inc. (In re AE Liquidation, Inc., et al.) Case No. 08-51891, 2011 BL 51047 (Bankr. D. Del. Feb. 28, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Reed Smith LLP, Federal preemption, Debtor, Breach of contract, Fraud, Liquidation, Aircraft registration, Constructive trust, Federal Aviation Administration, Uniform Commercial Code (USA), Trustee, United States bankruptcy court
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy court decides that the Bankruptcy Code preempts California state pension laws
    2015-02-09

    In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's bankruptcy plan of adjustment. 

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nossaman LLP, Federal preemption, Bankruptcy, CalPERS, United States bankruptcy court
    Authors:
    Allan H. Ickowitz
    Location:
    USA
    Firm:
    Nossaman LLP
    Medical marijuana: what happens in bankruptcy (not much)
    2014-11-04

    In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) –

    The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13 case. The case turned on the impact of the federal Controlled Substances Act.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Federal preemption, Bankruptcy, Debtor, Medical cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Key decision allows massive Lyondell shareholder clawback litigation to move forward
    2014-01-29

    On January 14, 2014, Judge Robert E.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Federal preemption, Shareholder, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    U.S. Supreme Court declines review of ruling in Fifth Circuit ERISA preemption case
    2013-03-08

    The U.S. Supreme Court recently denied a petition for writ of certiorari by United Healthcare Insurance Company (“UHC”), which had requested judicial review of a ruling by the U.S. Court of Appeals for the Fifth Circuit, whose jurisdiction includes the State of Texas. The Fifth Circuit’s opinion had held that ERISA did not preempt state claims brought by Access Mediquip (“Access”), a medical device provider, against UHC for negligent misrepresentation, promissory estoppel, and violations of the Texas Insurance Code (see Access Mediquip L.L.C. v. UnitedHealthcare Insurance Co., No.

    Filed under:
    USA, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Federal preemption, Employee Retirement Income Security Act 1974 (USA), Judicial review, Supreme Court of the United States, Fifth Circuit
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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