Practice and Procedure

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

New York’s High Court Splits on Federal Preemption of Tortious Interference Claims

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

The Circuits Are Split: Are Referral Fees Paid by a Ponzi Scheme Avoidable?

Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.

The Risks of Pre-Petition Executive Bonuses in Distressed Scenarios

Jan 2021

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

Surviving a Data Breach While Navigating the Waters of Distress

Jan 2021

Best Practices for Virtual Meetings

Advanced Issues in Chapter 13 Practice

Stress and Lawyers