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Post-Spokeo Standing and Fair Debt Collection Practices Act
In his Debtor-Creditor Rights Wrap-up, David M. Barshay surveys cases dealing with consumers' standing to sue for "procedural" violations under consumer protection statutes, particularly the Fair Debt Collections Practices Act, particularly after 'Spokeo, Inc. v. Robins', in which the U.S. Supreme Court considered whether a violation of a statutory right granted by the Fair Credit Reporting Act was a sufficient injury in fact to maintain an action in federal court. The court determined that if such injury is both "particularized" and "concrete," standing is present.
Setoff and Recoupment in the Context of Section 503(b)(9) Claims
In In re ADI Liquidation, No. 14-12092, 2015 Bankr. LEXIS 1611 (Bankr. D. Del. May 5, 2015), the debtors filed a joint motion with a creditors' committee to reduce the allowed amounts of claims under 11 U.S.C. Section 503(b)(9), by asserting defenses of setoff and recoupment.TRENDING STORIES
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Law Firm Operational Considerations for the Corporate Transparency Act
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Countdown to Compliance: SEC Private Fund Reforms
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