Displaying with Topic Finance and Banking | ABI

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

September 22, 2017

Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA

Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.

September 14, 2017

Third-Party Releases Approved Without Awaiting the Outcome of Merit Management

Third-party releases would have been approved even if there were no ‘safe harbor’ defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

September 06, 2017

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

8th Circuit, Missouri, Missouri Western District

August 24, 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.

August 22, 2017

Arbitration Ordered Although Creditor Filed a Proof of Claim

District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.

8th Circuit, Arkansas, Arkansas Eastern District

August 04, 2017

‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’

High court should grant review to ensure fraudsters don’t escape consequences.

June 20, 2017

Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure

Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

June 12, 2017

A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds

Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.

June 02, 2017

New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved

New York alone failed to adopt an amendment to UCC § 3-203.