Certain Litigation Acts Trigger their own one-year statute of limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices
limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices Act seeks to protect consumers by prohibiting abusive debt...
Collection of Discharged Debt From Debtor’s Alter Ego Does Not Violate Discharge Injunction
Discharge Injunction The U.S. Bankruptcy Appellate Panel for the Ninth Circuit concluded that a creditor does not violate the discharge injunction...
Guaranty and Mortgage Granted by Debtor to Secure Affiliate’s Loan Voidable as Fraudulent Transfer Due To Inadequate Capital
Voidable as Fraudulent Transfer Due To Inadequate Capital A debtor’s guarantee and granting of a mortgage to secure an affiliate’s loan was...
Distressed Sale Recharacterized as Secured Loan Resulting in Voidable Preferences
Preferences Under Article 9 of the UCC, transactions labeled as (and intended to be) purchases, sales, or assignments can be trated as secured loans.