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    Can You Be Sued for Filing a Claim in a Bankruptcy Case?
    2016-08-08

    Upon receiving notice of a debtor’s bankruptcy case, the prudent debt collector typically files a proof of claim, in the hope of receiving some distribution from the debtor’s bankruptcy estate. Absent a fraudulent claim by the debt collector, the Bankruptcy Code specifically provides for the filing of claims against the debtor’s estate. So how could a debt collector be sued for doing what the Code allows? It could happen if debts a collector actually holds are barred from enforcement under a state statute of limitations.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Lewis Rice LLC, Bankruptcy, Costs in English law, Debtor, Fraud, Fiduciary, Statute of limitations, Federal Reporter, Debt, Misrepresentation, Collection agency, Default (finance), Fair Debt Collection Practices Act 1977 (USA), Trustee, Eighth Circuit, Eleventh Circuit
    Authors:
    John J. Hall , Larry E. Parres
    Location:
    USA
    Firm:
    Lewis Rice LLC
    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
    Tomlin v. The Bank of New York Mellon (In re Tomlin)
    2016-06-24

    (Bankr. E.D. Ky. June 23, 2016)

    The bankruptcy court applies Kentucky’s borrowing statute, KRS § 413.320, to determine the applicable statute of limitations for the debtor’s defamation, breach of contract, and fraud claims. The court analyzes where each claim accrued and dismisses some but not all of the debtor’s claims. Opinion below.

    Judge: Wise

    Attorney for Debtor: Dann Law Firm, Brian D. Flick

    Attorney for Defendants: Christopher M. Hill, John R. Wirthlin, Frost Brown Todd LLC, Patricia K. Burgess, Stephanie Smiley

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Breach of contract, Statute of limitations, Bank of New York Mellon, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    11th Cir. Finds No Irreconcilable Conflict Between FDCPA and Bankruptcy Code
    2016-05-27

    In a much-anticipated follow-up to its 2014 decision in Crawford v. LVNV Funding, LLC, 738 F.3d 1254 (11th Cir. 2014), the U.S. Court of Appeals for the Eleventh Circuit recently held that there is no irreconcilable conflict between the federal Fair Debt Collection Practices Act (FDCPA) and the Bankruptcy Code.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Statute of limitations, Debt, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Brent Yarborough
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Third Parties (Rights Against insurers) Act 2010 - are you ready?
    2016-07-14

    This briefing is the first in a series of 3 briefings about the Third Parties (Rights Against Insurers) Act 2010 which we will be publishing over the next fortnight.

    The pros and cons every claims professional needs to know – part 1

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Legal Practice, Womble Bond Dickinson (UK) LLP, Regulatory compliance, Costs in English law, Statute of limitations, Discovery, Legal burden of proof, Insurance Act 2015 (UK)
    Authors:
    Jonathan Drake , James Robins , Louise Farrelly-Smith
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    New life for claim cut short
    2016-04-22

    The Court of Appeal has allowed an appeal against a limitation order (providing for the restoration to the register of a dissolved company, C,  and the suspension of the limitation period during dissolution) and provided guidance on how judicial discretion should be exercised when making such an order.

    Shortly before being placed into administration C entered into a sale and leaseback arrangement.  C later went into liquidation; however, the purchase price in respect of the sale was not received before the company was dissolved, over four years later.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Statute of limitations, Limitation Act 1980 (UK)
    Authors:
    Susanna Hayward
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Restoration to the register and limitation
    2016-01-11

    Key point

    The Court has discretion to suspend time for the purposes of limitation periods when exercising its jurisdiction to restore a company to the register.

    The facts

    The former director of a dissolved company applied for an order restoring the company and, so that it could then bring claims against third parties that had expired, suspending the running of time during the period when it was dissolved.

    The decision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Statute of limitations
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Beware of limitation periods in insolvency proceedings
    2015-02-10

    Key point

    Claimants should ensure that in foreign as well as UK insolvency procedures their claims are protected against limitation defences.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Statute of limitations
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    The “Same or Substantially the Same Facts” under CPR r 17.4(2)
    2019-03-21

    How deep is the “pool of facts in which it is permissible to fish for the basis of the new cause of action” if a party wishes to benefit from the ‘relation back’ doctrine when calculating limitation periods? The Court of Appeal gives guidance on the meaning of “the same or substantially the same facts” for the purpose of CPR r 17.4(2).

    Filed under:
    United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, Gatehouse Chambers, Statute of limitations, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Pensions Update - October 2016
    2016-10-31

    31/10/2016 Pensions Update ­ October 2016 http://bakerxchange.com/rv/ff002b980788f142ab3974e23146b6f2e393d02b 1/4 Pensions Update October 2016 In this issue Court of Appeal clarifies treatment of pensions on bankruptcy PPF publishes consultation on 2017/2018 levy DWP consults on valuing pensions for the advice requirement Regulator declares rule change void Next steps in leaving the European Union Committee publishes new evidence on regulation of pension schemes Regulator launches blog Government cancels plans t

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Fiduciary, Statute of limitations, Department for Work and Pensions (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Baker McKenzie

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