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    A Tale of Two Courts: Florida and Illinois Courts Use Different Rationales to Shoot Down Crawford Claims
    2016-02-01

    Two decisions issued within a day of each other highlight the continuing debate over whether a time barred proof of claim violates the FDCPA and more importantly, whether the Bankruptcy Code  preempts the FDCPA.  As copycat cases continue to be filed, courts continue to resoundingly reject the rationale ofCrawford v. LVNV Funding, LLC, a decision out of the Eleventh Circuit. 

    Filed under:
    USA, Florida, Illinois, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Illinois Bankruptcy Court Rejects Crawford, Finds Time-Barred Claims Permissible ­
    2016-01-27

    A recent decision from a United States Bankruptcy Court in the Northern District of Illinois provides a detailed analysis of why proofs of claim on “time-barred” debt do not violate the federal Fair Debt Collection Practices Act (FDCPA) or the Bankruptcy Code. The decision, Glenn v. Cavalry Investments, LLC, is among the growing number of decisions rejecting Crawford v. LVNV from the Eleventh Circuit Court of Appeals.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Statute of limitations, United States bankruptcy court, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    FYI: MD Fla Bankr Court Holds Mortgagee's Secured Claim Not Time-Barred
    2016-01-13

    The U.S. Bankruptcy Court for the Middle District of Florida recently overruled a debtor's objection to a mortgagee's secured claim and denied the debtor's motion to determine secured status, holding that the issues should have been brought by adversary proceeding, and in any event neither Florida's statute of limitations nor its statute of repose barred enforcement of the note and mortgage.  A copy of the opinion is attached.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Statute of limitations, Foreclosure, Maturity (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Crawford proof of claim adversary proceeding dismissed…again
    2015-10-04

    For the past year, many involved in the debt buyer industry have closely followed the 11th Circuit’s ruling in Crawford v. LVNV Funding, LLC.   Last week, the bankruptcy court again dismissed the adversary proceeding. Crawford v. LVNV Funding, LLC, Case No. 08-30192-DHW, Adv. Pro. No. 12-030333-DHW (Sep.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Statute of limitations, Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    General partners beware - Texas Supreme Court allows suit against general partner fifteen years after conduct at issue
    2015-09-09

    When entrepreneurs decide to embark upon a new endeavor, they must first decide the form of entity to be used in conducting their business. Do they want to incorporate the business, and if so should they elect Subchapter S status? Would they be better served by forming a limited liability company, a limited liability partnership, or a general partnership? Each of these entities has its own beneficial characteristics when considering tax consequences, ease of operation, and potential liabilities of the individual entrepreneurs.

    Filed under:
    USA, Texas, Company & Commercial, Insolvency & Restructuring, Litigation, Carrington Coleman, Statute of limitations, Limited liability partnership, Joint and several liability, Texas Supreme Court
    Authors:
    Tim Gavin
    Location:
    USA
    Firm:
    Carrington Coleman
    Western District of Missouri bankruptcy court finds no FDCPA violation for proof of claim filed on time-barred debt
    2015-05-29

    Recently, several courts across the country have considered whether filing a proof of claim on debt that is barred by the statute of limitations violates the Fair Debt Collection Practices Act (“FDCPA”). The increased attention on this issue was sparked by the Eleventh Circuit’s decision in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). The Eleventh Circuit held that filing a proof of claim on debt that is barred by the applicable statute of limitations violates the FDCPA.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Spencer Fane LLP, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court, Eleventh Circuit
    Authors:
    Andrea Chase
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Congoleum pre-packaged settlement is unreasonable and unenforceable against insurers
    2007-05-25

    The Superior Court of New Jersey has ruled that Congoleum's pre-packaged bankruptcy plan settling asbestos claims is not enforceable against its insurers. The court found that the plan was unreasonable and that, under the terms of the plan, insurance obligations are not triggered because it was not shown that Congoleum was "legally obligated to pay" the claimants who would receive payments. Congoleum Corp. v. Ace American Insurance Co., No. MID-L-8908-01 (N.J. Super. Ct. May 18, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Statute of limitations, Federal Reporter, Good faith, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Avoiding forfeiture of estate causes of action triggered by conversion to chapter 7
    2007-05-31

    The ability to borrow money during the course of a bankruptcy case is an important tool available to a chapter 11 debtor-in-possession (“DIP”). Often times, the debtor’s most logical choice for a lender is one with an existing pre-bankruptcy relationship with the debtor. As a condition to making new loans, however, lenders commonly require the debtor to waive its right to pursue avoidance or lender liability actions against the lender based upon pre-bankruptcy events.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Waiver, Statute of limitations, Liability (financial accounting), Liquidation, Trustee, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit limits application of bankruptcy cap upon lease termination
    2007-10-10

    Saddleback Valley Community Church v. El Toro Materials Company, Inc. 2007 U.S. App. LEXIS 22991 (October 1, 2007) Client Alert

    In a decision that should provide comfort to landlords confronting insolvent tenants, the Ninth Circuit recently ruled that the Bankruptcy Code’s limitation on the amount of damages a landlord is entitled to recover upon termination of a lease does not limit the landlord’s right to recover damages which are not based upon the loss of future rental income.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Locke Lord LLP, Bankruptcy, Costs in English law, Collateral (finance), Landlord, Leasehold estate, Statute of limitations, Remand (court procedure), US House of Representatives, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Locke Lord LLP
    Landlord avoids Bankruptcy Code's limitation on lease termination damages
    2007-11-14

    The Bankruptcy Code limits the amount a landlord may recover from a bankrupt tenant for damages caused by the termination of a lease of real property. But what if the tenant trashes the landlord's property before turning over the premises? Does the damage limitation apply to the landlord's claim for the cost of cleaning up the mess?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White & Case, Bankruptcy, Collateral (finance), Breach of contract, Landlord, Leasehold estate, Statute of limitations, Remand (court procedure), Causation (law), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case

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