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McGlinchey Stafford

Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies are Not Required to Resolve Fraud Claims

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In a case of first impression, the Fifth Circuit in Reyes v. Equifax Information Systems, L.L.C., joined the First, Seventh, Ninth, and Tenth Circuits in affirming the District Court for the Eastern District of Texas’s...more

Cadwalader, Wickersham & Taft LLP

I’m Still Standing – Yeah, Yeah, Yeah: Wilmington Savings Fund Society v. Tamisi

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In Wilmington Savings Fund Society v. Tamisi, the U.S. District Court for the Eastern District of New York upheld a bankruptcy court’s ruling that Wilmington lacked the necessary standing to enforce a mortgage lien, thereby...more

Rivkin Radler LLP

Writing Off A Loan – Simultaneous COD Income and Bad Debt Deduction? Not Necessarily

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If you’ve been around closely held businesses long enough, you know that a transfer of money between a business and its owner, or between two related businesses, is sometimes characterized by the parties as a loan (“related...more

Jones Day

Brazilian Superior Court Greenlights the Seizure of Cryptocurrency in Enforcement Proceedings

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In a recent decision, the Brazilian Superior Court of Justice ("STJ") held that cryptocurrency is a financial asset with "economic value" and subject to seizure in enforcement proceedings....more

Eversheds Sutherland (US) LLP

The 5th Circuit Calls Into Question Uptier Exchanges and the Doctrine of Equitable Mootness

Eversheds Sutherland (US) LLP on

On December 31, 2024, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) exited 2024 by issuing a pivotal decision in a bankruptcy case that addresses recently utilized refinancing schemes and appears to...more

Womble Bond Dickinson

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

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UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent....more

McDermott Will & Schulte

Temporary Relief for Debt Collectors: 11th Circuit Withholds Hunstein Mandate

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On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more

Miles & Stockbridge P.C.

Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

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A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the...more

Patterson Belknap Webb & Tyler LLP

Update: Supreme Court Grants Cert to Resolve Circuit Split Regarding Pre-Bankruptcy Seizure

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We recently reported on a decision of the United States Court of Appeals for the Third Circuit in favor of a creditor that seized a debtor’s property pre-petition. In In re Denby-Peterson, the Third Circuit sided with the...more

Burr & Forman

11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy

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In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more

Robins Kaplan LLP

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

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We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

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