Creditors & Debtors Rights

New York Law Journal |Case Digests

Midland Funding v. Sidibe

July 19, 2018

No Basis Exists to Vacate Stipulation; Clerk Unauthorized to Enter Judgment, Same Vacated

New York Law Journal |Case Digests

Franco v. Allied Interstate LLC

July 19, 2018

Rule 68 Offer's Rejection Noted in Finding Plaintiff Is Inadequate Class Representative

New York Law Journal |Case Digests

Chase Home Fin. v. Berger

July 19, 2018

Plaintiff Conceded Service of Process Erroneous; Dismissal of Foreclosure Action Granted

New Jersey Law Journal |Case Digests

U.S. v. Cosky

July 19, 2018

Plaintiff moved for summary judgment following the filing of defendant's answer.

Daily Business Review |News

Chinese EB-5 Investors in Unfinished Las Olas Ocean Resort Allege Fraud

Lidia Dinkova | July 18, 2018

The unfinished Fort Lauderdale hotel is set for a bankruptcy auction Aug. 15.

Daily Report Online |Case Digests

Colonial Oil Industries, Inc. v. Lynchar, Inc. d/b/a T&W Oil Company et al.

July 17, 2018

The identification of the principal debtor by only its trade name does not render a contract of suretyship or guaranty unenforceable on its face pursuant to the Statute of Frauds.

New Jersey Law Journal |Case Digests

Wells Fargo Bank. N.A. v. Cicenia

July 17, 2018

Defendants appealed from the final judgment of foreclosure and the order striking their answer and returning the matter to the Office of Foreclosure as an uncontested matter.

New York Law Journal |Case Digests

Centerbar v. Esser James & Associates LLC

July 16, 2018

$50,000 Excessive But PTSD Victim Awarded $20,000 in Actual Damages for FDCPA Violations

Connecticut Law Tribune |Case Digests

Southport Secured Lending Fund, LLC v. LA4Ever, LLC

July 16, 2018

No Triable Issues of Material Fact as to Defendants' Liability on Note, Mortgages, and Guaranty

Connecticut Law Tribune |Case Digests

Jenzack Partners, LLC v. Stoneridge Assoc., LLC

July 16, 2018

Documentation of Amount of Debt Improperly Admitted Under Business Records Exception to Hearsay Rule

Connecticut Law Tribune |Case Digests

LPP Mortgage, LTD. v. Underwood Towers Limited Partnership

July 16, 2018

Defendants Liable to Plaintiff for Myriad Unfair and Deceptive Practices

Connecticut Law Tribune |Case Digests

U.S. Bank, N.A. v. Devico

July 16, 2018

Defendant Not Entitled to Hybrid Representation

Connecticut Law Tribune |Case Digests

HSBC Bank USA, N.A. v. Hallums

July 16, 2018

Bankruptcy Discharge Does Not Preclude Foreclosure

Daily Business Review |Profile

Attorney Michael Dunn Talks Business Startups, Practicing With His Parents

Daily Business Review | July 13, 2018

Michael Dunn is managing partner at Dunn Law in Miami.

New Jersey Law Journal |Case Digests

The Bank of New York Mellon v. Kingsbury

July 13, 2018

Defendant appealed the final judgment of foreclosure.

New York Law Journal |Case Digests

Medallion Bank v. Papa 5 Hacking Corp.

July 12, 2018

Extension of Time to Perfect Levies Did Not Constitute Harassment, Granted as Appropriate

New Jersey Law Journal |Case Digests

Ditech Fin., LLC v. Crawford

July 11, 2018

Defendant appealed from the final judgment of foreclosure.

New York Law Journal |Case Digests

LVNV Funding v. Sengillo

July 10, 2018

Debtor Fails to Sufficiently Establish Entitlement to Summary Judgment Against Debt Buyer

The Recorder |Case Digests

Goudelock v. Sixty-01 Association of Apartment Owners

July 10, 2018

Ongoing obligation to pay monthly condominium association assessments dischargeable as debt incurred prior to bankruptcy filing

New Jersey Law Journal |Case Digests

Bank of Am. N.A. v. R.H. Surgent, LLC

July 10, 2018

Plaintiff moved to strike defendants' answers and moved for summary judgment and a protective order.

New Jersey Law Journal |Case Digests

Wells Fargo Bank, N.A. v. Harris

July 09, 2018

Defendant appealed the order reinstating bank's foreclosure complaint and granting summary judgment in bank's favor.

Connecticut Law Tribune |Case Digests

Midland Funding LLC v. Hellman

July 09, 2018

Foreign Corporation Without Certificate of Authority May Still Sue for Unpaid Credit Card Debt

New Jersey Law Journal |Case Digests

The Bank of New York Mellon v. Saint

July 09, 2018

Defendant appealed the orders denying her motion to dismiss the foreclosure complaint, granting summary judgment to bank and entering default against her.

New Jersey Law Journal |Case Digests

Dautrich v. Nationstar Mortgage, LLC

July 06, 2018

Both parties moved for summary judgment in plaintiffs' action alleging breach of a Loan Modification Agreement, property damage and violation of the FDCPA, NJCFA and RESPA.

New Jersey Law Journal |Commentary

Judges Are Not Biased Against Debt Collectors

Andrew M. Milz | July 06, 2018

OP-ED: Frustration is no excuse for lashing out at judges who correctly apply the Fair Debt Collection Practices Act, an important consumer protection law.

Daily Report Online |Case Digests

Edward N. Davis, P. C. v. Watson

July 05, 2018

Late-Filed Statutory Attorney's Lien Was Not Superior to Other Liens Claimed by Interpleader Defendants

New Jersey Law Journal |Case Digests

In re: E. Orange Gen. Hosp., Inc.

July 03, 2018

Plaintiff appealed from two orders of the bankruptcy court granting enforcement of the sale order and dismissing plaintiff's complaint against defendants and denying plaintiff's motion for reconsideration of the sale enforcement order.

New Jersey Law Journal |Case Digests

Lin v. Schiller, Knapp, Lefkowitz & Hertzel, LLP

July 03, 2018

Plaintiff moved to file an amended complaint in her FDCPA action and defendants cross-moved for injunctive relief and sanctions.

New Jersey Law Journal |Case Digests

Pollak v. Portfolio Recovery Assoc., LLC

July 03, 2018

Defendant sought reconsideration of the denial of its motion for summary judgment.

New Jersey Law Journal |Case Digests

Loconsole v. Wells Fargo Mortg.

July 03, 2018

Defendant moved to dismiss plaintiff's complaint.

Connecticut Law Tribune |Case Digests

Sikorsky Financial Credit Union, Inc. v. Pineda

July 02, 2018

Trial Court Erred by Not Awarding Postjudgment Interest Required by Parties' Credit Agreement

Connecticut Law Tribune |Case Digests

Featherston v. Katchko & Son Construction Services, Inc.

July 02, 2018

Evidence Sufficient to State Prima Facie Case of Fraudulent Transfer

New Jersey Law Journal |Commentary

Calling out Judicial Bias Against Debt Collectors in NJ

Michael Harrison | June 29, 2018

OP-ED: The Fair Debt Collection Practices Act is a well-intentioned law that is in place to curb harassing and abusive conduct by debt collectors. Unfortunately, judges have ignored the purpose of the statute and continually penalize debt collectors for conduct that is not abusive or harassing.

New York Law Journal |Case Digests

Schaefer v. IC Sys. Inc.

June 28, 2018

Bulk of FDCPA, TCPA Claims Survive Against Debt Collector Using Automated Dialing System

New York Law Journal |Case Digests

Bank of N.Y. Mellon v. Gooya

June 28, 2018

Bank Granted Judgment of Foreclosure, Referee's Report Computing Sums Due Confirmed

The Recorder |Case Digests

Lo v. Lee

June 28, 2018

Tuition payments made to university by insolvent debtor parent on behalf of adult child not recoverable from child as beneficiary of fraudulent conveyance

New Jersey Law Journal |Case Digests

Wells Fargo Bank, N.A. v. James

June 27, 2018

Defendants appealed the grant of summary judgment and final judgment in a residential foreclosure action.

The Recorder |Case Digests

Federal Home Loan Mortgage Corporation v. SFR Investments Pool 1, LLC

June 27, 2018

Federal conservator agency succeeded to ownership of home mortgages previously securitized by government-sponsored housing agencies

New York Law Journal |Case Digests

Midland Funding v. Coia

June 26, 2018

Debt Buyer Fails to Present Sufficient Evidence it Had Standing to Pursue Instant Case

New York Law Journal |Case Digests

Allfield Trading v. Ideal Diamond Trading

June 26, 2018

Court Finds Allegations State Aiding, Abetting Claim Sufficient to Survive Dismissal

New Jersey Law Journal |Case Digests

Casselli v. Oechsner

June 26, 2018

Defendant appealed from the entry of judgment against him following a non-jury trial.

The Recorder |Case Digests

McNair v. Maxwell & Morgan PC

June 26, 2018

Law firm's representation of creditor in filing writ of special execution for foreclosure constituted debt collection

New Jersey Law Journal |Case Digests

Capital One, N.A. v. Peck

June 25, 2018

Moving Forward, Foreclosure Plaintiffs Would Need Possession of Note and Ownership of Mortgage for Standing

New Jersey Law Journal |Case Digests

Wells Fargo Bank, N.A. v. Jarrett

June 25, 2018

Defendant appealed the grant of summary judgment in favor of bank in a mortgage foreclosure action.

Connecticut Law Tribune |Case Digests

Deutsche Bank National Trust Co. v. Mancini

June 25, 2018

Untimely Filing Resulted in Waiver of Right to Contest Personal Jurisdiction

New Jersey Law Journal |Case Digests

Bank of America, NA v. Bridges

June 25, 2018

Defendant appealed the final judgment of foreclosure.

Law.Com |News

New Bill Would Protect Law Licenses of Student Loan Defaulters

Karen Sloan | June 14, 2018

A bipartisan effort would prohibit states from revoking professional licenses from people who default on their federal student loans, which would help protect lawyers struggling with education debt.

New York Law Journal |

Overview of Plan Support Agreements

Thomas R. Califano and Rachel Ehrlich Albanese | June 08, 2018

The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.

New York Law Journal |

Plan Support Agreements: Key Considerations for Creditors

Gregory G. Plotko and Richard J. Lee | June 08, 2018

PSAs have become a mainstay in the Chapter 11 restructuring process, and it is therefore vital for distressed investors and other creditors to have a clear understanding of the legal terms of a contemplated PSA. This article examines the language of certain key provisions typically found in a PSA, and provides a brief survey of provisions agreed to by debtors in bankruptcy proceedings.

New York Law Journal |

Insolvency Risk Planning for Cross-Border Transactions

Michael J. Venditto | June 08, 2018

There are no absolute protections against the downside risk in any transaction. This is especially the case in cross-border transactions that span multiple jurisdictions. Nevertheless, some careful planning and drafting can improve the prospects for the outcome.

New York Law Journal |

'JCC Development v. Levy': Drafting Makes a Difference

Barbara M. Goodstein | June 06, 2018

In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.

New Jersey Law Journal |News

Mortgage Loan Dispute Yields $1.168M Award in Bergen Bench Trial

Michael Booth | June 04, 2018

In Danja Invest Corp. v. Zaytsev, a Bergen County judge rendered a $1.168 million judgment on May 17 in favor of a Belize-based company that sought…

Delaware Law Weekly |News

Attorney Gets 8 Years in Jail for Role in Payday Lending Scheme

Max Mitchell | May 29, 2018

A Delaware lawyer has received a lengthy prison sentence for his role in a payday lending scheme that involved lying about his client's connections with Native American tribes in order to dupe customers into paying interest rates far above the legal limit.

Daily Business Review |

Miami Attorney Wins $1.67 Million Against Ex-Patriot National CEO

Samantha Joseph | May 21, 2018

Ralf R. Rodriguez represented four plaintiffs seeking full payment of promissory notes signed by Steven Mariano, former head of Patriot National Inc. and Guarantee Insurance Co.

Slideshow

Daily Business Review |News

Miami Judge Tosses Class Action Against Ex-Ski Resort Owner

Katheryn Tucker | May 18, 2018

Ariel Quiros was accused of running the biggest to date EB-5 fraud to date at Vermont's Jay Peak ski resort.

National Law Journal |News

Lawyer Suing Facebook: 'This Could Be the Largest Data Breach' Ever

Amanda Bronstad | May 15, 2018

Richard Fields talks about Wednesday's hearing and its potential impact on the Facebook litigation.

Daily Business Review |Commentary

Subprime Auto Lenders Folding—Is This a New Financial Indicator?

Charles M. Tatelbaum | May 11, 2018

The recent Bloomberg headline “Smaller Subprime Auto Lenders Are Starting to Fold,” and the accompanying article may seem astounding in today's bustling economy.

New York Law Journal |Analysis

When Fair Is Foul: The Confusing State of FDCPA Guidance in the Second Circuit

Paul R. Niehaus and Emily B. Kirsch | May 10, 2018

Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.

New Jersey Law Journal |News

Parsing Decades-Old Law, NJ Court Says Creditor Can't Touch Marital Real Estate

David Gialanella | May 09, 2018

"Despite the apparent equities favoring plaintiffs, we agree with defendant that [the statute] precludes the partition and forced sale of the real property because defendant and his wife own it as tenants by the entirety," Judge Jack Sabatino wrote for the court.

New Jersey Law Journal |News

Court Remands $166K Fee Award to Greenbaum Rowe for Receiver Work

Michael Booth | May 09, 2018

A state appeals court on Wednesday ordered further review of more than $166,000 in receivership fees awarded to New Jersey firm Greenbaum, Rowe, Smith & Davis, issuing an "admonition [that] has been repeated time and again" to trial courts that don't put reasons for their rulings on the record.

Daily Report Online |News

Equifax Judge Warns Lawyers to Limit Record-Sealing Requests

R. Robin McDonald | May 03, 2018

U.S. District Chief Judge Thomas Thrash issued a 34-page protective order in the Equifax data breach multidistrict litigation but warned lawyers and their clients that they should treat documents filed in the case as "presumptively public" and use their "best efforts" to limit confidential filings.

Connecticut Law Tribune |News

Foreclosed Stratford Woman Alleges Court Denied Equal Access

Robert Storace | April 30, 2018

Margarette Charles is seeking an emergency injunction. She claims in a federal lawsuit that Norwalk Deputy Chief Clerk Edmond O'Garro's actions could cause her to lose her home.

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | April 30, 2018

NJSBA weighs in on entire controversy doctrine application to attorneys; NJSBA annual meeting to host legislators, key administration officials

New York Law Journal |Analysis

Ninth Circuit Rules That a Joint Plan for Multiple Debtors Can Be Confirmed Over the Objection of All Creditors of Some (But Not All) Debtors

Corinne Ball | April 25, 2018

In her Distress Mergers and Acquisitions column, Corinne Ball writes: In 'In re Transwest Resort Properties', the Ninth Circuit expressly rejected the “per debtor” interpretation of §1129(a)(10) in favor of a “per plan” approach.

Daily Business Review |News

How a Florida Supreme Court Case Could Affect Attorney Pay

Samantha Joseph | April 24, 2018

Twelve law firms and legal aid groups weigh in with friend-of-the-court briefs in a case where a homeowner beat back a foreclosure lawsuit.

New Jersey Law Journal |Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen | April 24, 2018

Lenders are frustrated, the courts are log jammed, and homeowners are suffering.

New Jersey Law Journal |Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen | April 13, 2018

Lenders are frustrated, the courts are log jammed, and homeowners are suffering.

New York Law Journal |News

Rule 68 Decisions Bolster Second Circuit's Latest Reversal

Colby Hamilton | April 09, 2018

Citing the U.S. Supreme Court and its own decisions, the panel Monday again sent back down a suit Southern District Judge Katherine Forrest has twice now attempted to close out.

Daily Report Online |News

Charge It? Not to Pay Bankruptcy Lawyers, 11th Circuit Says

Greg Land | April 06, 2018

Ruling in a putative class action against a defunct Orlando law firm, a panel said an attorney violates federal law "if he instructs a client to pay his bankruptcy-related legal fees using a credit card."

Daily Business Review |News

In Fight for Attorney Fees, 'Prevailing Party' Becomes Slippery Notion

Samantha Joseph | April 05, 2018

The case turned on which party "substantially prevailed" in a foreclosure, after a short sale that generated about $1 million for the bank and nothing for the borrower.

New York Law Journal |Analysis

Limiting Liability of Lenders: The Lyondell Case

Barbara M. Goodstein | April 04, 2018

In her Secured Transactions column, Barbara M. Goodstein writes: The changes in law arising from the Great Recession were certainly considerable. But it may come as a surprise to many that as much as 10 years later court decisions continue to emerge from those turbulent times.

Daily Report Online |News

Debt Collector Agrees to $8.5M Settlement with Georgia AG

Katheryn Tucker | April 04, 2018

National Check Resolution Inc. of Lawrenceville has agreed to stop collections on nearly 12,000 accounts worth $8.5 million. The deal resolves charges that the debt collection company violated the federal Fair Debt Collection Practices Act.

The Legal Intelligencer |Commentary

Second Circuit Court Declines to Enforce Arbitration Clause

Rudolph J. Di Massa, Jr. and Drew S. McGehrin | April 02, 2018

In Anderson v. Credit One Bank, Case No. 16-2496 (2d Cir., March 7), the U.S. Court of Appeals for the Second Circuit affirmed decisions of both the District and Bankruptcy Courts for the Southern District of New York in addressing the enforceability of arbitration clauses in bankruptcy proceedings.

New York Law Journal |Commentary

The Long Island Foreclosure Epidemic

Thomas F. Whelan, J.S.C. | March 29, 2018

The economic crisis of 2008 is over. All indicators show that the national economy is humming along. Yet, Long Island is currently mired in an foreclosure epidemic that shows little, if any signs of easing.

Daily Business Review |Commentary

Recent SEC, CFTC Comments Ease Crytocurrency Fears, Boost Confidence

Jesse Fulton | March 28, 2018

To say the last month in the crypto world has been nothing short of a wild ride would be an understatement. With approximately $475 billion exiting the market in a blink of an eye, many new to the market are likely getting their first taste of reality in the crypto space.

The American Lawyer |News

'Drake's Favorite Lawyer' and 4 More Move to Katten Muchin

Roy Strom | March 26, 2018

Steven Reisman, co-chair of the restructuring and insolvency group at Curtis, Mallet-Prevost, Colt & Mosle, is leading a five-lawyer team heading to Katten Muchin Rosenman in New York.

Daily Business Review |News

Kaye Bender Rembaum Trounces Bankruptcy Trustee's Malpractice Claims

Samantha Joseph | March 23, 2018

But the firm's leadership said it paid a steep price, as its malpractice insurance premium rose about 50 percent.

Daily Business Review |

Greenberg Traurig's Mark Bloom Leads American College of Bankruptcy

Catherine Wilson | March 21, 2018

Bloom is elected to a two-year term as president of the honorary association of bankruptcy and insolvency professionals.

Daily Report Online |News

Former Equifax Exec Charged With Insider Trading

R. Robin McDonald | March 14, 2018

The SEC accused the former executive of capitalizing on confidential company information to cash in his stock options in advance of Equifax's public announcement of a massive data breach.

New Jersey Law Journal |Analysis

The Barton Doctrine and Trustee Immunity

Harry Giacometti and Damien Tancredi | March 14, 2018

When faced with a suit for actions taken in the course of a trustee's appointment, the trustee should first consider whether the plaintiff complied with the Barton Doctrine.

Daily Business Review |News

South Florida, California Firms Merge to Create National Practice

Samantha Joseph | March 13, 2018

The merger creates Ghidotti|Berger, with 14 attorneys practicing in federal and state courts in Arizona, California, Florida, Texas, Nevada and Washington.

Daily Business Review |Best Practices News

We Need to Talk About Lawyers' Behind-the-Scenes Help to Pro Se Clients

Samantha Joseph | March 09, 2018

"It's a rule that's still in its infancy," ethics lawyer Andrew Berman said. "It's still trying to find its equilibrium.”

Daily Business Review |News

Foreclosure Defense Lawyer Wins Case But Can't Collect Fees

Samantha Joseph | March 07, 2018

The issue of attorney fees for foreclosure defense lawyer has taken center stage in recent weeks.

The Legal Intelligencer |Commentary

Rent-A-Wreck Crash Into Bankruptcy Dismissed for Lack of Good-Faith Filing

Andrew C. Kassner and Joseph N. Argentina Jr. | March 06, 2018

The U.S. Bankruptcy Code provides distressed companies an array of tools to reorganize their business affairs and restructure their debt.

Daily Business Review |Profile News

Roy Oppenheim Represented the Downtrodden — And Made a Good Living Doing It

Samantha Joseph | March 02, 2018

I was quoted at one time as saying that ... foreclosure defense is the bottom of the barrel," Oppenheim said. "Lower than being a divorce lawyer.

The Legal Intelligencer |News

High Court to Examine Foreclosure Notice Requirements

Zack Needles | March 01, 2018

The Pennsylvania Supreme Court is set to decide whether a mortgagee must issue a new notice of intent to foreclose before filing a second foreclosure complaint after its initial complaint was dismissed.

Daily Report Online |News

Equifax Finds 2017 Hack Compromised Data of 2.4 Million More Consumers

R. Robin McDonald | March 01, 2018

Equifax on Thursday expanded the number of consumers whose financial data and personal information have been compromised to a breathtaking 148 million.

New Jersey Law Journal |

The Practical and Abstract Implications of 'In re Linear Electric'

Brett M. Buterick and Elizabeth K. Holdren | March 01, 2018

This decision has significant impacts on commercial creditors and may offer contractor-debtors certain strategic advantages.

National Law Journal |News

Mick Mulvaney Tells State AGs the CFPB Won't 'Get in Your Way'

C. Ryan Barber | February 28, 2018

"If we think it's a good case, we'll bring it. If not, we're happy to get out of the way and let you all do it by yourselves," Mick Mulvaney, the acting Consumer Financial Protection Bureau director, told state attorneys general Wednesday in Washington.

Daily Business Review |Best Practices News

South Florida Firm in Hot Water for Ghostwriting Pleadings for Pro Se Defendants

Samantha Joseph | February 27, 2018

The firm says there's widespread ignorance about a rule that allows it to write, but not sign, documents prepared for litigants representing themselves in court.

New Jersey Law Journal |News

Bankrupt Takata Settles Multistate Claims Over Cover-Up of Defective Air Bags

Michael Booth | February 22, 2018

The bankrupt air bag maker Takata and its U.S. subsidiary, TK Holdings, have reached a $650 million settlement agreement with 44 states, including New Jersey and the District of Columbia, over claims that the manufacturer concealed safety defects related to its vehicle air bag system.

The American Lawyer |News

A Win for Weil as Takata Reaches Bankruptcy Deal

Roy Strom | February 13, 2018

Takata Corp.'s U.S. unit has reached an agreement with lawyers for victims of the Japanese auto parts company's faulty air bags, which could mean an end to a bankruptcy that was paying about $2.5 million a month to Weil, Gotshal & Manges.

Daily Business Review |News

In Fight for Attorney Fees, Broward Attorney Blasts Court

Samantha Joseph | February 13, 2018

"If courts think they're going to suck the oxygen out of the room, they're wrong," foreclosure defense attorney Roy Oppenheim said.

Daily Report Online |News

Federal Judge Appoints Leadership in Equifax MDL

R. Robin McDonald | February 12, 2018

The lawyers appointed to lead the litigation on behalf of consumers and financial institutions in the Equifax multidistrict litigation include a number of familiar faces who also served in leadership roles in the 2014 Home Depot data breach MDL.

New Jersey Law Journal |

BANKRUPTCY LAW

NJLJ Contributors | February 12, 2018

In this special section, articles cover the WARN Act, automatic stay litigation, and significant recent case law related to bankruptcy issues in the Third Circuit and beyond.

Daily Business Review |News

South Florida Court Ruling Is a Catch-22 for Foreclosure Defendants Looking to Collect Attorney Fees

Samantha Joseph | February 12, 2018

Foreclosure defendants can't have it both ways when a lender loses a foreclosure lawsuit for lack of standing.

New Jersey Law Journal |

Warning: Avoiding Bankruptcy Pitfalls Under the WARN Act

Felice Yudkin and Rebecca Hollander | February 11, 2018

This article addresses the various ways in which bankruptcy and the WARN Act (Worker Adjustment and Retraining Notification Act) intersect in the Third Circuit.

New Jersey Law Journal |

Developments in Automatic Stay Litigation

Julie M. Murphy | February 10, 2018

Violations of the stay can result in damages, including damages for emotional distress and punitive damages.

New Jersey Law Journal |

Looking to Defraud Creditors? Talk to Your Foreign Subsidiary!

Nikolas S. Komyati and Jordan J. Levine | February 10, 2018

A recent Third Circuit opinion held that the transfer of assets by a foreign subsidiary of a debtor was not a fraudulent transfer under the Delaware Uniform Transfer Act.

The Legal Intelligencer |News

Credit Screening Company Settles Fair Credit Reporting Case for $1M

Max Mitchell | February 09, 2018

U.S. District Judge John Padova of the Eastern District of Pennsylvania recently approved the accord, which focused on claims that the defendant company violated the Fair Credit Reporting Act.

New Jersey Law Journal |

HIPAA and the Stark Law Take Center Stage in '21st Century Oncology'

David N. Crapo | February 09, 2018

The automatic stay does not prohibit a governmental entity from enforcing health-care laws against a debtor.

New Jersey Law Journal |

When is a Package 'Received'? The Answer Can Make all the Difference

Eric R. Perkins and Virginia Shea | February 09, 2018

The Third Circuit has become the first Circuit Court to squarely address whether receipt means the date of shipment or the date of physical possession by the buyer.

Daily Business Review |News

Miami Court Wipes Ruling That Found HSBC Forged Mortgage Documents

Samantha Joseph | February 08, 2018

A state judicial panel remanded the case to the trial court to enter a final judgment of foreclosure.

Daily Business Review |News

Kozyak Tropin Names Lopez-Castro Managing Partner

Catherine Wilson | February 06, 2018

Cori Lopez-Castro served before as managing partner at the litigation boutique where partners rotate through the position, encouraging diverse selections.