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    U.S. Supreme Court to Decide Whether FDCPA Applies to Non-Judicial Foreclosures
    2018-08-07

    Currently, some courts allow borrowers to bring Fair Debt Collection Practices Act claims for non-judicial foreclosures while other courts do not, but that is about to change.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States
    Authors:
    Lena Mualla , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    US Supreme Court asked to resolve critical trademark licensing issues in bankruptcy
    2018-07-20

    The economic value of IP rights in US bankruptcy proceedings has risen rapidly. Due to Congress's unique view of trademark licenses, appellate courts are increasingly divided on the ability both of debtor-owners to freely reject them, and of licensees to continue to use them. In In re Tempnology LLC,1 the Supreme Court has been asked to provide much-needed certainty on these issues.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Supreme Court of the United States
    Authors:
    Oksana Koltko Rosaluk
    Location:
    USA
    Firm:
    DLA Piper
    Trademark Licenses . . . Again (Update No. 2)
    2018-07-13

    Our June 28 post discussed the petition for certiorari in the U.S. Supreme Court seeking review of the First Circuit’s January 12 decision in Mission Product Holdings, Inc. v. Tempnology, LLC.[i] We noted that the respondent’s response to the petition was due on July 12.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Patterson Belknap Webb & Tyler LLP, Supreme Court of the United States
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Better Get It In Writing: Supreme Court Decision Reminds Creditors Not to rely on Oral Statements Respecting an Individual's Financial Condition
    2018-07-17

    One might assume that an individual debtor who makes false statements to a creditor respecting his future ability and willingness to pay a debt could not file for bankruptcy and then discharge any associated debts—especially where the creditor relied on the debtor’s statements to its detriment. As the United States Supreme Court recently decided, however, a debtor may do just that if his false statements respecting his financial condition are not made in writing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hopkins & Carley, Debtor, Supreme Court of the United States, United States bankruptcy court, Eleventh Circuit
    Authors:
    Ross G. Adler , Erika J. Gasaway , Sepi Ghiasvand , Marie K. Gribble , Mark A. Heyl , Monique Jewett-Brewster , Breck E. Milde , Liam J. O'Connor
    Location:
    USA
    Firm:
    Hopkins & Carley
    For Creditors, Written Representation Is The Best Evidence
    2018-06-28

    On June 4, 2018, the U.S. Supreme Court issued its opinion in Lamar Archer & Cofrin LLP v. Appling,[1] resolving a circuit split on the issue of whether a debtor’s statement about a single asset constitutes “a statement respecting the debtor’s financial condition” for the purposes of 11 U.S.C. § 523(a)(2).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Duane Morris LLP, Supreme Court of the United States
    Authors:
    Rudolph J. Di Massa, Jr. , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP
    Supreme Court Resolves Circuit Split on Issue of Whether Statement About a Single Asset Is One Respecting Debtor's Financial Condition
    2018-06-26

    Alerts and Updates

    The Supreme Court’s opinion is significant because it will encourage creditors to rely on written, rather than oral, statements of debtors as to both their assets and overall financial status, which are better evidence in a nondischargeability case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, Supreme Court of the United States
    Authors:
    Rudolph J. Di Massa, Jr. , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP
    SCOTUS Reminds Us To Get It In Writing When Dealing with Someone that Owes You Money
    2018-06-19

    The recent decision from the United States Supreme Court in Lamar, Archer & Cofrin, LLP v. Appling (“Lamar”), further restricts a creditor’s ability to pursue future recovery on its debt through a nondischargeability action in a debtor’s bankruptcy. On June 4, 2018, the Court ruled in Lamar that a debtor’s false statement about a single asset must be in writing before the creditor’s debt can be excepted as nondischargeable in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Supreme Court of the United States
    Authors:
    Natalie Daghbandan , James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    U.S. Supreme Court Holds that Debtor’s False Oral Statement Concerning Single Asset Does not Provide Basis for Non-dischargeability Action
    2018-06-14

    On June 4, 2018, the U.S. Supreme Court decided the case of Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, which dealt with the dischargeability of debt in bankruptcy proceedings. The Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” under section 523(a)(2) of the Bankruptcy Code.

    Background Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Supreme Court of the United States
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Supreme Court to Lenders (Again): Get It in Writing
    2018-06-15

    On June 4, 2018, the U.S. Supreme Court reiterated to lenders everywhere, the long-time advice “Get it in writing.” The Court issued its decision in Lamar Archer & Cofrin LLP v. Appling, Case No. 16-1215 (Sup. Ct. June 4, 2018), holding that a false statement by a debtor about a single asset can be cause for holding the debt nondischargeable in bankruptcy only if the statement is in writing.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Lewis Rice LLC, Supreme Court of the United States
    Authors:
    John J. Hall
    Location:
    USA
    Firm:
    Lewis Rice LLC
    From the Top in Brief
    2018-06-08

    On April 3, 2018, the U.S. Supreme Court issued an order that, in light of its recent ruling in Merit Management Group LP v. FTI Consulting Inc., 138 S. Ct. 883, No. 16-784 (Feb. 27, 2018), the Court would defer consideration of a petition seeking review of a 2016 decision by the U.S. Court of Appeals for the Second Circuit in the Tribune Co.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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