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    Wrong place, wrong time: beware the statute of limitations!
    2015-02-17

    “And it’s too late, baby now, it’s too late,Though we really did try to make it.”

    - Carole King, It’s Too Late

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statute of limitations, Exclusive jurisdiction
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Post-Crawford FDCPA claim dismissed as time-barred
    2015-02-06

    Following the Eleventh Circuit’s decision last year in Crawford v. LVNV Funding, LLC, the filing of a proof of claim on a time-barred debt in a bankruptcy case pending in the Eleventh Circuit’s jurisdiction violates the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (“FDCPA”). But as the U.S. Bankruptcy Court for the Northern District of Alabama recently made clear in Gurganus v. Recovery Management Systems Corp. (In re Gurganus), No. 7:14-ap-70054-BGC, 2015 WL 65089 (Bankr. N.D. Ala. Jan.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Alan D. Leeth , Ryan J. Hebson
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Proof of claim: foreign qualification requirements may be more important than you thought
    2015-01-16

    In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) –

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Statute of limitations
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Court finds debtor entitled to a "free house" because mortgage foreclosure complaint barred by New Jersey statute of limitations
    2014-12-16

    Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Statute of limitations, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Brett L. Messinger , Jarret P. Hitchings , Stuart I. Seiden
    Location:
    USA
    Firm:
    Duane Morris LLP
    Tronox: the weed that choked the flower – lessons for buyers on statute of limitations
    2014-12-02

    Any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer. Officers and directors of a selling entity also have concerns about this risk due to potential personal liability.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Stinson LLP, Statute of limitations
    Authors:
    Paul M. Hoffmann
    Location:
    USA
    Firm:
    Stinson LLP
    CIGA’s litigation position in declaratory relief action was not a claim denial for statute of limitations purposes
    2014-10-07

    In Snyder v. California Insurance Guarantee Association, the California Court of Appeal, First Appellate District, considered when the three-year statute of limitations for a cause of action against the California Insurance Guarantee Association (CIGA) accrues.  The statute does not begin to run until a “covered claim” matures and is denied.  CIGA’s denial in an answer to a complaint for declaratory relief did not satisfy this requirement.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Gordon Rees Scully Mansukhani, Statute of limitations, California courts of appeal
    Authors:
    Michael A. Pursell , Laura H. Smith
    Location:
    USA
    Firm:
    Gordon Rees Scully Mansukhani
    Providers collecting old patient debts beware
    2014-07-28

    The July 10, 2014 opinion by the U.S Court of Appeals for the 11th Circuit (Georgia, Florida, and Alabama) in Crawford v. LVNV Funding, LLC held that the act of filing a proof of claim on a time-barred debt is a violation of the Fair Debt Collection Practices Act (FDCPA). This decision could have an impact on providers attempting to work and collect old patient debts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Arnall Golden Gregory LLP, Statute of limitations, Limited liability company, Debt
    Authors:
    Darryl Scott Laddin
    Location:
    USA
    Firm:
    Arnall Golden Gregory 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
    US Court of Appeals for the Tenth Circuit decides a CERCLA “judicially approved settlement” is not different in bankruptcy
    2014-06-25

    On July 23, in ASARCO LLC v. Union Pacific Railroad Company, et al. No. 13-1435 (10th Cir.), the Tenth Circuit rejected the notion that settlement requirements are different in the bankruptcy context.  Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Statute of limitations, Tenth Circuit
    Authors:
    Carolyn L. McIntosh
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Supreme Court - June 9, 2014
    2014-06-09

    The Supreme Court of the United States announced decisions in three cases today:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dorsey & Whitney LLP, Statute of limitations, Ninth Circuit, United States bankruptcy court
    Authors:
    Steven J. Wells , Timothy J. Droske
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP

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