Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
%1
Mortgage Servicer Blew the Statute of Limitations, Judge Grossman Says
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
November Commercial Chapter 11 Filings Decrease 32 Percent from Previous Year, Total Filings Decrease 5 Percent
Commercial chapter 11 filings decreased 32 percent in November 2019 over November of last year, according to data provided by Epiq Systems, Inc. The 450 commercial chapter 11 filings registered in November 2019 dropped from November 2018’s commercial chapter 11 filing total of 662. Commercial bankruptcy filings totaled 2,984 in November 2019, an 8 percent decrease from the 3,247 commercial filings in November 2018. Total U.S. bankruptcies in November 2019 also registered a decrease, as the 56,041 filings fell 5 percent from the November 2018 total of 58,923. Consumer bankruptcies decreased as well in November 2019, as the 53,057 filings were a 5 percent drop from the 55,676 consumer filings registered in November 2018.
Law v. Segal Allowed a Fraudster to Retain $30,000
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.