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Debtors Bankruptcy Court 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

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

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