COVID-19: Bankruptcy and its Impact on Managing Risk
4/7/20
By: Jake Carroll
In the
wake of COVID-19 and the now-present economic uncertainty, individuals and
companies may be considering the impacts of bankruptcy. While bankruptcy can
offer certain protections, including delayed payments, discharge of some debts,
and a general “fresh-start,” …
A Dishonorable Discharge – Debt Collection, Contempt, and Efforts to Loosen the Bankruptcy Discharge
5/23/19
By: Matthew Weiss
On April 24, 2019, the United States Supreme Court held oral argument in Taggart v. Lorenzen (In re Taggart), 888 F.3d 438 (9th Cir. 2018), cert. granted, 139 S. Ct. 782 (2019), a case …
Come See the Debtor Side of Sears – Legal Issues for Creditors
11/7/18
By: Matthew Weiss
On Monday October 15, Sears Holdings filed for Chapter 11 bankruptcy in the Southern District of New York, claiming approximately $7 billion in assets and $11 billion in liabilities. The bankruptcy of what was at one time …
En Banc Eleventh Circuit Decision May Substantially Undermine Judicial Estoppel Defense
11/17/17
By: William H. Buechner, Jr.
A decision recently issued by the Eleventh Circuit sitting en banc may substantially undermine the judicial estoppel defense in employment cases.
A judicial estoppel defense may arise in many contexts, but the most common scenario …
Repaying Old Debts – The Supreme Court Limits FDCPA Liability for Scheduling Time-Barred Claims in Bankruptcy
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…