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Debtors Injury-in-Fact

Jones Day

Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals

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Federal appellate courts have traditionally applied a "person aggrieved" standard to determine whether a party has standing to appeal a bankruptcy court order or judgment. However, this standard, which requires a direct,...more

Balch & Bingham LLP

Eleventh Circuit: Failure to Provide Debtor with FDCPA-Required Disclosures Constitutes Injury-in-Fact to Confer Standing

Balch & Bingham LLP on

In an unpublished opinion, the Eleventh Circuit applied the Supreme Court’s recent opinion in Spokeo, Inc. v. Robins, 578 U.S. ___, 136 S. Ct. 1540 (2016) and held that a debtor who allegedly did not receive certain...more

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