News & Analysis as of September 25, 2024

Consumer Bankruptcy › Motion to Dismiss

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Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code. Debtors are... more +

Madden Progeny Update

Orrick, Herrington & Sutcliffe LLP on 3/10/2020

The Second Circuit’s decision in Madden v. Midland Funding, LLC was announced in 2015. Since that time, there have been a number of cases brought based on the Second Circuit opinion, as well as recent regulatory proposals...more

Sixth Circuit BAP: Order Denying Motion To Dismiss A Bankruptcy Case Is Not A Final Order

Fox Rothschild LLP on 11/2/2018

The Bankruptcy Appellate Panel of the Sixth Circuit recently held that a post-confirmation motion to dismiss a bankruptcy case is not a final order that is immediately appealable. In this case, the appellants filed a...more

A Friendly Reminder On Credit Reporting: Accounts Discharged in Bankruptcy

Womble Bond Dickinson on 9/27/2018

Earlier this week, the United States District Court for the Middle District of Tennessee reminded us of an important (and sometimes forgotten) wrinkle to the Fair Credit Reporting Act (“FCRA”). In Blanch v. Transunion, the...more

Appellate Court Notes

Pullman & Comley, LLC on 4/18/2016

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Foreclosures: Beware Unexpected Violations

Troutman Pepper on 5/13/2015

Field v. Bank of America, N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Hawaii 2014) – A bankruptcy trustee sued a mortgage lender to recover for defects in a prepetition non-judicial foreclosure sale. The lender brought a...more

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