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HTMLThe Final Word on Mwangi—the Ninth Circuit Holds Debtor Cannot Recover Alleged Damages for a Stay Violation Arising From an Administrative Freeze on the Debtor’s Bank Account
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.

 

HTMLThe Bankruptcy Discharge, Debt Buyers, and Credit Reporting: Recent Developments
Milind K. Dongre; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 27, 2015, previously published on December 18, 2014
Recent news stories by The New York Times and NPR have brought much attention to a question that many creditors likely face on a regular basis: When a debt is sold to a debt buyer prior to the debtor entering bankruptcy, what must creditors report to credit bureaus following the debtor’s...

 

HTMLMunicipal Bond Interest Paid By a Bond Insurer After an Issuer’s Bankruptcy Discharge Can Remain Tax-Exempt
Maxwell D. Solet, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the...

 

HTMLDoes the Reopening of a Bankruptcy Case Re-Impose the Automatic Stay? The U.S. Bankruptcy Court for the District of Colorado Answers This Question in the Negative
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on January 6, 2015
In a case of apparent first impression in the Tenth Circuit, the U.S. Bankruptcy Court for the District of Colorado recently held that the reopening of a closed case under § 350 does not result in the re-imposition of the automatic stay in the reopened proceedings. In re Brumfiel, 514 B.R. 637...

 

HTMLThe CFPB Changes the Rules...Again
Stephen Franks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on November 26, 2014
In an effort to level the playing field for consumers, the CFPB released a proposal for expanded foreclosure protections on November 20, 2014. The following are a summary of the topics the CFPB’s proposed rule changes cover:

 

HTMLVacant and Abandoned: Can Creditors Discard Personal Property Following a Foreclosure in Ohio?
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
Personal property is often left by the prior owner or a tenant following a foreclosure. Sometimes it is difficult to determine whether the personal property has been abandoned. I am often asked what must be done with the personal property left behind once the creditor takes possession of an...

 

HTMLSupreme Court to Decide on Lien Stripping in Chapter 7
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 29, 2015
The Eleventh Circuit is the only Circuit which permits Chapter 7 debtors to strip wholly unsecured mortgage liens. All other circuits follow the Supreme Court’s decision in Dewsnup v. Timm and do not allow it. The Supreme Court of the United States recently agreed to hear an appeal of two of...

 

HTMLSecond Circuit Rules That Equitable Mootness Applies in Chapter 11 Liquidations as Well as Reorganizations
Mark G. Douglas, Timothy Hoffmann; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
In Beeman v. BGI Creditors' Liquidating Trust (In re BGI, Inc.), 772 F.3d 102 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit considered whether the doctrine of "equitable mootness" applied to the appeal of a confirmation order approving a liquidating chapter 11 plan. In...

 

HTMLNew, New York Regulations
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 12, 2015
The state of New York enacted new debt collection regulations that will require collection agencies operating in New York to provide additional disclosures to New York residents and to change some of the ways in which the collection agency practices in New York. Some of these regulations take...

 

HTMLRepair Shops, Storage Facilities and Liens, Oh My...
Amy Clum Holbrook; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 6, 2015
In Ohio, like most states, there is a law that allows a garage or storage facility to obtain an abandon vehicle title on vehicles with a value of less than $2,500.00 and have been left by their owners for fifteen days or more. This abandon vehicle title, however, cannot be obtained until all lien...

 


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