News & Analysis as of

Debt Collection › Injunctions

Walkers

Cayman Court stands firms against delay tactics in insolvency dispute

Walkers on

The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency. If the Court is to accede to an application to restrain a winding-up petition,...more

Shipkevich PLLC

2023 Regulatory Recap of the Debt Settlement Industry Activity and 2024 Regulatory Forecast

Shipkevich PLLC on

This article highlights the few newsworthy actions and events we wrote about the debt settlement industry throughout the year. The debt settlement industry did see some movement by regulatory bodies across the board, though...more

Bradley Arant Boult Cummings LLP

Bradley’s Bankruptcy Basics: Automatic Stay and Discharge Injunction Violations

Bradley Arant Boult Cummings LLP on

The automatic stay is immediately effective when a debtor files a petition for bankruptcy relief. The scope of the automatic stay is broad. The stay applies to all creditors and prohibits both formal and informal actions...more

McGlinchey Stafford

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Patterson Belknap Webb & Tyler LLP

Appeals Court Rules That a Discharge Injunction Bars a Fraudulent Transfer Claim Based on a Non-Dischargeable Debt

Patterson Belknap Webb & Tyler LLP on

A discharge of debt in bankruptcy “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of...more

Morgan Lewis

Massachusetts Ban on Certain Debt Collection Practices Blocked on First Amendment Grounds

Morgan Lewis on

An injunction blocking enforcement of an emergency prohibition on debt collection phone calls and lawsuits during the coronavirus (COVID-19) crisis was granted on May 6, 2020 on grounds that it violates the First Amendment...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 8, 2019

Carlton Fields on

Real Property Update - Lis Pendens: trial court erred by not discharging lis pendens concerning real property because defendant did not grant an interest in the property, and plaintiff's claims did not allege requisite fair...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Goodwin

Financial Services Weekly News - August 2017 #2

Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) released prototypes of “Know Before You Owe” overdraft disclosure forms and provided an updated rulemaking agenda for 2017; the Federal Reserve...more

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

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