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|Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings|
Joshua L. Scheer, Spencer P. Scheer; Scheer Law Group, LLP;
July 30, 2015, previously published by California State Bar Real Property Journal, Vo. 32, No.3 (2014) on Spring 2014.Review of History of the Automatic Stay in Bankruptcy Matters and Abuse and Reform Issues.
|Attempt to Void Final Judgment in Prior Debt Collection Case Barred by Principles of Res Judicata and Collateral Estoppel|
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
July 28, 2015, previously published on July 2015In Mostofi v. Midland Funding, LLC, et al., No. 1084, (Court of Special Appeals of Maryland, July 2, 2015), the Court of Special Appeals decided whether a subsequent lawsuit brought by Mr. Mostofi, which sought to challenge the final judgment in a prior debt collection case, was barred by...
|Government of Ontario Proposes Additional Regulation of Alternative Financial Services and Debt Collection|
James H. Archer, Ana Badour, D.J. Lynde; McCarthy Tetrault LLP;
July 27, 2015, previously published on July 14, 2015On June 15, 2015, the Ontario Ministry of Government and Consumer Services published a consultation paper entitled “Strengthening Consumer Financial Protection” (the “Paper”). The Paper makes proposals and asks for input with respect to what are referred to in the Paper as...
|The Detroit Bankruptcy: Two Years Later|
Stephen J. Brogan; Jones Day;
July 24, 2015, previously published on July 2015July 18, 2015 was the second anniversary of the City of Detroit's filing for bankruptcy. This action was taken by the City's Emergency Manager Kevyn Orr, with the support of Michigan's Governor Rick Snyder. But, with the exception of Detroit's corporate leadership, it was fiercely resisted by...
|An Emerging Trend: Bankruptcy Trustees Seeking to Claw Back Tuition Payments Made by Unsuspecting Parents|
Pullman Comley LLC;
July 23, 2015, previously published on July 15, 2015A developing trend in our nation’s bankruptcy courts has been the number of lawsuits filed or threatened by bankruptcy trustees to recover tuition payments made by a student’s parents when the parents later file for bankruptcy protection. According to a recent article in The Wall Street...
|Bankruptcy Court Finds Debt To Third Party To Be A Non-Dischargable Debt Incurred In Connection With a Divorce|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
July 16, 2015, previously published on June 19, 2015Bankruptcy Judge Albert Dabrowski was faced with a unique set of circumstances arising as a result of the intersection of a state court divorce action and a Chapter 7 bankruptcy case. In the matter of Corrine Sawyer v. Scott Sawyer, Adv. Pro. No. 14-2013, the Court found itself facing the question...
|Verify Payment Records When Buying A Mortgage|
David E. Peterson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
July 15, 2015, previously published on July 13, 2015If you purchase a mortgage, how can you prove the amount due in a subsequent foreclosure lawsuit? That is the question that is raised in a series of recent Florida court cases.
|My Bankruptcy Has Been Filed, What Is Next?|
Kevin C. Susman; Kohrman Jackson & Krantz PLL;
July 14, 2015, previously published on July 13, 2015The following is general information to help you better understand the trustee’s role in the chapter 7 bankruptcy process. It is not intended to be legal advice, so if you have questions that require legal advice, please contact your bankruptcy attorney.
|Cybersecurity Assessment Tool for Financial Institutions|
Scott A. Chernich, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
July 14, 2015, previously published on July 8, 2015On June 30, 2015, the Federal Financial Institutions Examination Council released a Cybersecurity Assessment Tool to help institutions identify their risks and assess their cybersecurity preparedness. The overall goal of the Assessment Tool is to provide institutions with a repeatable and...
|Hurts So Good - US Supreme Court Rejects Attorneys Fees in Chapter 11|
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
July 10, 2015, previously published on June 30, 2015On June 15, 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application.