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March 20, 2019
An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
2nd Circuit
,
New York
,
New York Southern District
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.
Supreme Court
February 28, 2019
Third Circuit Strips Debt Buyers of Defenses Under the FDCPA
Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.
3rd Circuit
February 01, 2019
Puerto Rico Retirement System Bondholders Win Their Security Interest Back
First Circuit reverses, upholding the validity of bondholders’ security interests in $2.9 billion of collateral.
1st Circuit
January 31, 2019
Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
2nd Circuit
,
New York
,
New York Southern District
January 23, 2019
Disallowing Part of a Claim Doesn’t Make the Claim Impaired, Fifth Circuit Says
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
5th Circuit
January 22, 2019
Fifth Circuit Expounds on Constitutional Standing for a Creditor to Appeal
O.W. Bunker makes law again, this time on standing to appeal, not on maritime liens.
5th Circuit
January 15, 2019
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme Court
January 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th Circuit
November 07, 2018
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
11th Circuit
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