Arbitration Ordered Although Creditor Filed a Proof of Claim
District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.
‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’
High court should grant review to ensure fraudsters don’t escape consequences.
Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure
Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.
A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds
Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.
New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved
New York alone failed to adopt an amendment to UCC § 3-203.
Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim
High court allows a business model that is based on the inadvertence of trustees and creditors.
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
Statutory interpretation dominates argument on the term’s second FDCPA case.
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.