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Bankruptcy Court Bankruptcy Code Statute of Limitations

McGlinchey Stafford

Second Department Holds Judicial Estoppel Bars Application of FAPA

McGlinchey Stafford on

On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Court Holds that Bankruptcy Rule 9006(b) Permits Bankruptcy Courts to Extend Statutes of Limitations

Federal Rule of Bankruptcy Procedure 9006(b) provides that, generally, “when an act is required to be done at or within a specified period by these rules or by a notice given thereunder or by order of court, the court for...more

Troutman Pepper Locke

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

Troutman Pepper Locke on

On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...more

Holland & Knight LLP

A Fraudulent Transfer Suit May Commence More Than 4 Years After the Transfer Under CUVTA

Holland & Knight LLP on

In its 1997 decision Cortez v. Vogt, the California Court of Appeal ruled that the limitations period during which an action to avoid a fraudulent or voidable transfer begins to run either on the date of the transfer or on...more

Miles & Stockbridge P.C.

Bankruptcy Court Within Fourth Circuit Permits Fraudulent Conveyance Claims to Move Forward Under IRS 10-Year Reach Back Period

Miles & Stockbridge P.C. on

A recent opinion by the United States Bankruptcy Court for the Western District of North Carolina kept alive a bankruptcy trustee’s fraudulent conveyance claims based on, in part, the Internal Revenue Code (“IRC”) 10-year...more

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