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    Important U.S. Supreme Court Ruling Clarifies Proper Pursuit of Debt in Bankruptcy Proceedings
    2017-05-18

    Debt collectors scored a win on Monday when the United States Supreme Court ruled that pursuing stale debt is not a violation of the Fair Debt Collection Practices Act (“FDCPA”).

    The case of Midland Funding LLC v Aleida Johnson addressed an ongoing issue for creditors, debt collectors and consumers. As debts age, and are often sold, there remains a question of how far collectors may go to pursue payment on the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ulmer & Berne LLP, Credit card, Bankruptcy, Statute of limitations, Limited liability company, Debt, Legal burden of proof, Majority opinion, Fair Debt Collection Practices Act 1977 (USA), Trustee, Supreme Court of the United States, Eleventh Circuit
    Authors:
    Jennifer Monty Rieker , Reuel D. Ash
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Sixth Circuit says severance payments not subject to FICA
    2012-10-08

    Summary

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ulmer & Berne LLP, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    John C. Goheen , Patricia A. Shlonsky , Michael T. Tangry
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Fraudulent transfer litigation - the Eleventh Circuit Court of Appeals deals a blow to lenders
    2012-05-31

    A highly significant ruling involving fraudulent transfers recently decided by the Eleventh Circuit could have a far-reaching impact on distressed lending and investing.   In Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re TOUSA, Inc.), 2012 WL 1673901 (11th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Ulmer & Berne LLP, Debtor, Eleventh Circuit
    Authors:
    Reuel D. Ash
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
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