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Retroactive Application Creditors

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Applies Automatic Stay to Continuation of Removed State-Court Action Against Debtor

When a debtor files for bankruptcy, almost all proceedings to recover property from the debtor are automatically stayed by force of law. See 11 U.S.C. § 362(a). This provision, known as the automatic stay, is a central...more

Orrick, Herrington & Sutcliffe LLP

Plaintiffs Cannot Claim Creditor Status Retroactively

The Fifth Circuit Court of Appeals reminded the plaintiff that standing is “determined as of the commencement of the suit” and post filing claims purchases will not suffice to establish standing. ...more

Bradley Arant Boult Cummings LLP

TILA Notice Requirement Not Retroactive: Ninth Circuit

The Ninth Circuit Court of Appeals recently ruled that a 2009 amendment to the Truth in Lending Act (TILA) does not apply retroactively. In a putative class action, Plaintiffs Mohammad and Rosa Talaie brought a claim...more

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