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Trustees Debt Collection

Conyers

Lessons from the Zhang Lan Offshore Trust

Conyers on

News in the Chinese sensationalist media sent a shuddering ripple across many estate planners in China and Hong Kong concerning the viability of offshore trusts: a receiver had been appointed over bank accounts held in the...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Addresses Standard For Recovery Of An Alleged Fraudulent Transfer From A Subsequent Transferee

The Bankruptcy Code gives a trustee powers to avoid certain pre-bankruptcy transfers of the debtor’s property to other entities. For example, a trustee can avoid transfers made with the intent to impair the ability of...more

Blank Rome LLP

In Blackstone v. Sharma, Maryland’s Highest Court Rules That Foreign Statutory Trusts Do Not Need to Be Licensed as Debt...

Blank Rome LLP on

In a long-awaited decision, the Court of Appeals of Maryland holds that foreign statutory trusts do not need to be licensed as debt collectors before initiating in rem foreclosure proceedings. This holding will allow numerous...more

Goodwin

Ninth Circuit: Trustees Are Not “Debt Collectors” Under the FDCPA

Goodwin on

A recent decision by the Ninth Circuit has created a circuit split regarding the interpretation of the Fair Debt Collection Practices Act (FDCPA). In Vien-Phung Ho v. ReconTrust Co. et al., case no. 10-56884, the court held...more

Best Best & Krieger LLP

Bankruptcy Procedure in the Context of Turnover and Preference Law

In the course of collections activities, a creditor can become singularly focused on aggressively pursuing enforcement of a debt by levying against the debtor’s property or by demanding and receiving payment from the debtor....more

Morrison & Foerster LLP

Counsel’s Corner: Does the CFPB Really Understand Non-Judicial Foreclosures?

What is the CFPB's stake in this issue? - The FDCPA is a very powerful statute. It touches a lot of areas of consumer protection. The CFPB is really just exploring it and flexing its muscles in that area. It's working on...more

MoFo Reenforcement

CFPB: “F” is for “Foreclosure,” “FDCPA”

MoFo Reenforcement on

The CFPB has weighed in on whether a trustee foreclosing on a California home qualifies as a “debt collector” under the federal Fair Debt Collection Practices Act. In Ho v. ReconTrust, N.A. (9th Cir. Aug. 7, 2015), the Bureau...more

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