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Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

One of the Largest Member Clubs in Singapore Is Liquidated

by Morgan Lewis on

California Fitness’s closure has left many consumers who have purchased prepaid packages without any remedies. On 20 July, California Fitness, which was once fronted by action movie star Jackie Chan, announced that it...more

Court Grants Student Loan Debt Relief to a Graduate of a Non-Accredited Medical School

by Dorsey & Whitney LLP on

On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr....more

2nd Circuit Rules Bankruptcy Code Does Not Preclude FDCPA Suit in District Court

by Burr & Forman on

In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt...more

Lender Risk Management for Bankruptcy Stay Violations

by Ballard Spahr LLP on

A recent decision by the U.S. Court of Appeals for the Ninth Circuit in a bankruptcy case highlights a risk to consumer lenders and suggests a practical approach to risk management through clear policies and employee...more

GILBERTO T SALDIVAR vs. JPMORGAN CHASE BANK, N.A.,

MEMORANDUM OPINION Defendants, JPMorgan Chase Bank, N.A. (“Chase”) and Deutsche Bank National Trust Company’s (“Deutsche Bank”),...

by Barry Fagan on

This decision is important because of the reasoning, the logic and most importantly the application of New York law. Virtually all the REMIC trusts were common law trusts formed under New York law for a lot of reasons. So...more

What happens if I do not provide my bankruptcy attorney with the documents he requested?

by George Bourguignon on

If you are considering bankruptcy or are wondering what is required of a debtor who files for bankruptcy, then you will want to read this post! Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359...more

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

by Ballard Spahr LLP on

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more

Maryland's highest court blocks another foreclosure defense

by Thomas Valkenet on

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

MICHAEL L. JONES v WELLS FARGO BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA OPINION AFFIRMING $3.1 MILLION PUNITIVE DAMAGE AWARD AGAINST WELLS...

by Barry Fagan on

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHEAL L. JONES vs WELLS FARGO BANK OPINION Before the Court is Appellant Wells Fargo Bank, N.A.'s Appeal from a decision of the United States...more

In re: Chapter 7 Case No. 11-24269 JUANITA STRASSFIELD, Debtor.

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY BASED ON FILING FALSE DOCUMENTS WITH THE COURT

by Barry Fagan on

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A. (“Wells Fargo”) to...more

Annuities Are Partially Protected Against Creditor Garnishment in New Jersey

by Joseph A. Mullaney, III on

A New Jersey Consumer’s annuity is partially protected from garnishment, but there are important details that he or she must know....more

I am deciding between bankruptcy attorneys, one that costs less and will perform the bare minimum, and another that costs more and...

by George Bourguignon on

If you are contemplating filing a bankruptcy or hiring an attorney for any matter, you will want to read this post! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

CFPB Proposes New Servicing Rules - TILA

by Jonathan Foxx on

On September 26, 2012, we notified you about the proposed rules promulgated by the Bureau of Consumer Financial Protection (Bureau) to amend Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA)...more

How will my student loans be treated in a chapter 13 bankruptcy?

by George Bourguignon on

If you are considering options on how to deal with the heavy debt burden of student loans or desiring to learn more about how chapter 13 bankruptcy may help you or both, then you want to read this post! Contact: George...more

Public Service Loan Forgiveness

by Stephen Dunne on

The Public Service Loan Forgiveness (PSLF) Program discharges any remaining debt after 10 years of full-time employment in public service. The borrower must have made 120 payments as part of the Direct Loan program in order...more

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

by George Bourguignon on

If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post. Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

by George Bourguignon on

This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more

What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?

by George Bourguignon on

If you are considering filing for bankruptcy and are curious what it costs or have received some quotes from bankruptcy attorneys and are making a decision on who to hire, this post is for you! Contact: George E....more

What should I do if I dispute the amount that I owe to a creditor?

by George Bourguignon on

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more

IN RE: CASE NO. MICHAEL L. JONES 03-16518 CHAPTER 13

MICHAEL L. JONES vs WELLS FARGO BANK ADVERSARY COMPLAINT RE: Punitive Damage Award of $3,171,154.00 Against Wells Fargo Bank

by Barry Fagan on

United States Bankruptcy Court Eastern District of Louisiana in re: Michael L. Jones v Wells Fargo Home mortgage. The Court finds that a punitive damage award of $3,171,154.00 million is warranted to deter Wells Fargo...more

A debt collector is attempting to collect a real old debt, what can I do?

by George Bourguignon on

If debt collectors are attempting to collect a debt that is real old, or if you think a debt collector has sued you for a debt that may be time-barred by the statute of limitations, you want to read this post! Contact: ...more

No Recourse to Travel Compensation Fund for Loyalty Points Program Provider

by Dentons on

The Ontario Divisional Court recently overturned a decision of the Ontario Licensing and Appeals Tribunal that had required the Travel Industry Council of Ontario (“TICO”) to compensate a loyalty program provider for the cost...more

Can I keep all my assets in bankruptcy? (Part 3)

by George Bourguignon on

Do you want to know more about how or if you will keep all your assets in bankruptcy? Do you want to know ways to try and keep your assets, or maybe increase your chances? Then you may want to read this post that discusses...more

OCC: Correcting Foreclosure Practices

by Jonathan Foxx on

ARTICLE DISCUSSES: Independent Foreclosure Review - Mailings to Consumers - Deadline for Review Requests - Independent Foreclosure Auditor - Eligibility for Review - Notifying the Public - Engagement Letters - Interim...more

OCC Issues Foreclosure Guidance - Part II

by Jonathan Foxx on

Part II of two-part newsletter series. Outline. Resources. The Office of the Comptroller of the Currency (OCC) is providing guidance to banks on obligations and risks related to foreclosed property. Issued on December 14,...more

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