The U.S. Court of Appeals for the Seventh Circuit recently rejected a bankruptcy trustee's avoidance and fraudulent transfer claims, holding that a debt purchase and sale agreement between a bankrupt debtor, its original creditor, and its new creditor was not avoidable because it did not qualify as a transfer of “an interest of the debtor in property.”
Posts published by “Maurice Wutscher LLP”
The attorneys of Maurice Wutscher are seasoned business lawyers with substantial experience in business law, financial services litigation and regulatory compliance. They represent consumer and commercial financial services companies, including depository and non-depository mortgage lenders and servicers, as well as mortgage loan investors, financial asset buyers and sellers, loss mitigation companies, third-party debt collectors, and other financial services providers. They have defended scores of putative class actions, have substantial experience in federal appellate court litigation and bring substantial trial and complex bankruptcy experience. They are leaders and influencers in their highly specialized area of law. They serve in leadership positions in industry associations and regularly publish and speak before national audiences.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a contrary trial court ruling and joined with the U.S. Court of Appeals for the Tenth Circuit in holding that a Chapter 13 trustee is not entitled to a percentage fee of plan payments as compensation for her work in a Chapter 13 case when the case is dismissed prior to confirmation.
The U.S. Court of Appeals for the First Circuit recently dismissed an appeal in a putative class action removed from Massachusetts state court to federal trial court concerning a motion to compel arbitration, holding that the order was not a final decision and was not within an exception that would permit interlocutory review.
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently held that, at a minimum, a substantial change in circumstances is required to justify modification of a bankruptcy plan under Section 1229.
The U.S. Court of Appeals for the Eighth Circuit recently held that the total amount of money received from a challenged practice can be used to satisfy the federal Class Action Fairness Act’s jurisdictional requirement of $5 million in controversy.
Texas Supreme Court Rules Mortgagee Could Not Avoid Foreclosure SOL With Equitable Subrogation Claim
Texas Supreme Court Rules Mortgagee Could Not Avoid Foreclosure SOL With Equitable Subrogation Claim
The Supreme Court of Texas recently held that a mortgagee’s foreclosure action was time-barred and that the doctrine of equitable subrogation did not provide the lender with an alternative timely claim.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a consumer’s lawsuit against a debt collector, holding that the consumer lacked Article III standing to sue because his allegations of ʺconfusion” and “alarm” were not sufficiently concrete to result in an injury in fact.
The Appellate Court of Illinois, First District, recently reversed a trial court’s order striking an affirmative defense to a foreclosure, vacated the foreclosure rulings, and remanded the matter for further proceedings.
The Superior Court of Pennsylvania, an intermediate appellate court, recently affirmed a trial court's order sustaining preliminary objections to a complaint alleging violations of Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA), which incorporates by reference the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the First Circuit recently reversed the dismissal of a putative class action complaint for unfair and deceptive business practices under Massachusetts' Chapter 93A, holding that the action was not barred by a New York choice of law provision in the contract at issue.
The U.S. Court of Appeals for the District of Columbia Circuit recently reversed and remanded a trial court’s order denying class certification, finding that the trial court improperly bypassed Fed. R. Civ. Pro. Rule 23’s prerequisites for class certification and based its denial of class certification entirely on the putative class’s “fail-safe” character.
The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a consumer’s claims under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., and its implementing regulation, Regulation Z, 12 C.F.R. § 1026. In so ruling, the Third Circuit held that TILA does not require disclosure of each individual component of the total annual fee in a renewal notice for a credit card.