Creditors

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InfoBytes Special Alert: CFPB Guidance States That Successors Are Not Subject To The ATR/QM Rule

On July 8, 2014, the CFPB issued an interpretive rule stating that the addition of a successor as an obligor on a mortgage does not trigger the Ability-to-Repay/Qualified Mortgage Rule (“ATR/QM Rule”) requirements if the...more

Can Investor/Creditor Recoveries from Third Parties Reduce Their Claims in a Receivership?

QUESTION: I am an equity receiver and I am setting up a claims procedure. I know some creditors and investors have filed suit against third parties to recover their losses. Can I consider these possible third party recoveries...more

Bankruptcy Beat: Credibility of the Parties is Key Component In Objection To Discharge Proceedings

On June 6, 2014, the United States District Court for the District of Connecticut affirmed the Bankruptcy Court’s (Weil, J.) decision overruling a pro se creditor’s objections to the debtor’s discharge under 11 U.S.C....more

Corporate Recovery and Insolvency in Bermuda

1 Issues Arising When a Company is in Financial Difficulties - 1.1 How does a creditor take security over assets in Bermuda? Bermuda is a self-governing British Overseas Territory. The systems of law...more

Louisiana Amends Consumer Loan Licensing Requirements

Louisiana Governor Bobby Jindal recently signed HB 766 into law, which amends numerous provisions regulating creditors engaging in any consumer credit or deferred presentment transaction. Under the law, a creditor may not...more

Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, inter...more

Global Insight: News, Views and Analysis from DLA Piper’s Global Restructuring Group - Issue 10, Q2 2014

In This Issue: - WHAT DOES THE DELAWARE CHANCERY COURT’S RURAL/METRO RULING MEAN FOR ADVISORS TO DISTRESSED COMPANIES? - US: OUTLOOK FOR CORPORATE RESTRUCTURING - RABOBANK DECISION — SPECIAL DUTY OF...more

Why Creditors Can’t Afford To Ignore Objections To Bankruptcy Claims

File And Forget? When a customer or other party with which you do business files bankruptcy, it’s important to file a proof of claim on time by the deadline (also known as a “bar date”) set in the case. Once you do, however,...more

Commercial Restructuring & Bankruptcy Newsletter - June 2014

In this issue: - Are Breakup Fees at Risk? - Credit Bidding Rights Limited, Capped by Debt Purchase Amount - Court Upholds Creditor’s Security Interest Despite Post-Petition Lapse of Financing Statement...more

CFPB Provides Guidance on the TILA-RESPA Integrated Disclosures Rule

On June 17, 2014, the CFPB staff and Federal Reserve co-hosted a webinar on the final TILA-RESPA Integrated Disclosures Rule that will be effective for applications received by creditors or mortgage brokers on or after August...more

Bankruptcy Beat: Former Spouses’ Relative Income a Critical Factor in Determining Whether the Assumption of Mortgage Payments...

Disputes between general creditors and creditors asserting domestic support obligation claims are becoming commonplace in consumer bankruptcy cases. The dispute typically arises because spouses’ or former spouses’ claims are...more

The U.S. Supreme Court Holds That Inherited IRAs Are Not Exempt In Bankruptcy

On June 12, 2014, the United States Supreme Court unanimously held in Clark v. Rameker Trustee that funds in an individual retirement account (“IRA”) inherited from someone other than the bankrupt debtor’s spouse are not...more

More On Inherited IRAs And Creditor Protection

Our post from yesterday discussed how the U.S. Supreme Court ruled in Clark v. Rameker that inherited IRAs are not exempt from creditor claims in bankruptcy. Here are some more observations on that case...more

Massachusetts AG Sues FHFA Over Foreclosure Policies

On June 2, Massachusetts Attorney General (AG) Martha Coakley filed a lawsuit against the FHFA, Fannie Mae, and Freddie Mac for allegedly violating the state’s 2012 foreclosure prevention law, which, among other things,...more

Inherited IRA Exposure To Creditors – Resolution At Last

We have written on the question whether inherited IRAs are exempt from creditors in a federal bankruptcy action. The various courts that have addressed the issue have gone in both directions....more

Financing with IP Collateral

In a recent guest post on the Patently-O blog by Dennis Crouch, William Mann, an assistant professor of finance at the Anderson School of Management, UCLA, notes the explosion in USPTO filings that record a creditor’s...more

Our Neighbors Filed Bankruptcy and Kept Everything. What Will We Lose?

This area of Bankruptcy law deals with a lot of ‘twos.’ There are two components of a Bankruptcy: assets and debts. There are two kinds of debts: dischargeable and non-dischargeable. There are two kinds of assets: exempt...more

Bankruptcy Court Shields Equity Sponsors Serving as Secured Lenders from Individual Creditor Seeking to Litigate Subordination and...

In a recent case — In re Optim Energy, LLC — the Delaware Bankruptcy Court denied an individual creditor’s request to pursue the subordination or recharacterization of the claims of secured lenders who were also the debtors’...more

New York State Court Proposes Debt Collection Rules

Courts in New York proposed amendments to court rules aimed at “reform[ing]” consumer credit collection cases in order to “prevent unwarranted default judgments and ensure a fair legal process.” The amendments would require...more

Corporate Shield Holds Up Against Creditor

There's no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball). Maybe there...more

Delaware Court Limits Debt Purchasers Credit Bid To The Purchase Price

Recently, a chink to the armor of distressed debt purchasers resonated throughout the secondary market with the decision of the Delaware Bankruptcy Court in In re Fisker Automotive Holdings, in which the bankruptcy court...more

Third Circuit Concludes Personal Injury Causes of Action Against a Successor to Debtor’s Business are Generalized Claims

In a novel decision, the United States Court of Appeals for the Third Circuit held, in its ruling In re Emoral, Inc., 740 F.3d 875 (3d Cir. 2014), that personal injury claims of individuals allegedly harmed by a bankrupt...more

New York Court System Proposes Consumer Debt Collection Reforms

On April 30, the New York Unified Court System proposed new rules for consumer credit collection cases. If adopted, the rules would (i) require creditors to submit affidavits based on personal knowledge that meet the...more

Delaware Bankruptcy Court Limits Credit Bid of Senior Secured Creditor to Promote Competitive Asset Auction

In In re Fisker Automotive Holdings, Inc., 2014 WL 210593 (Bankr. D. Del. January 17, 2014), a Delaware bankruptcy court issued a noteworthy Memorandum Opinion that limited a secured creditor’s ability to credit bid in a sale...more

Eleventh Circuit Further Muddies the Waters for Collectors

The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for...more

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