In 2018, SB 1235 was signed into law by Governor Brown. The bill requires that lenders disclose certain information to borrowers when they provide commercial financing.聽Under the bill, the California…
The U.S. Court of Appeals for the Ninth Circuit has ruled that the discovery rule applies to all plaintiff actions brought under the Fair Debt Collection Practices Act (FDCPA), and…
A New Jersey Bankruptcy Court has ruled that a loophole in the Bankruptcy Code may enable Chapter 7 debtors to exempt inherited IRAs from a bankruptcy estate, seemingly diverging from…
A bill that would require the Consumer Financial Protection Bureau (CFPB) to verify consumer complaints and put into context the complaints it currently publishes in an online database has been…
The U.S. Court of Appeals for the Seventh Circuit has ruled that debt collectors do not violate the deceptive threat provision of the Fair Debt Collection Practices Act (FDCPA) for…
The Bankruptcy Court of the Central District of California ruled recently that officers and directors of an insolvent company owe a fiduciary duty to the company鈥檚 creditors and that exculpatory…
On May 23, 2016, in U.S. v. Countrywide Home Loans, Inc., the U.S. Court of Appeals for the Second Circuit reversed the District Court for the South District of New…
The Ninth Circuit Bankruptcy Appellate Panel has ruled in In re Beltway One Dev. Grp., LLC, that an oversecured creditor is entitled to pendency default interest when that creditor鈥檚 claim…
On May 16, 2016, the U.S. Supreme Court rendered a decision in Husky聽International Electronics, Inc. v. Ritz, finding that the term 鈥渁ctual fraud鈥� as used in Section 523(a)(2)(A) of the…
On May 16, 2016, the U.S. Supreme Court issued its decision in Spokeo, Inc. v. Robins, finding that consumers must show 鈥渃oncrete and particularized鈥� injury in order to gain standing…
On May 3, 2016, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule that would prohibit banks and other financial institutions from including arbitration clauses in consumer contracts that…
A divided three-member Ninth Circuit bankruptcy panel has ruled that restrictive covenants for affordable housing do not affect the valuation of a lender鈥檚 secured claim in a Chapter 11 bankruptcy…
California Attorney General Kamala Harris has announced her support of S.B. 1150 — the Homeowner Survivor Bill of Rights — that would add a provision to the California鈥檚 Homeowners Bill…
On February 26, 2016, the Financial Accounting Standards Board (FASB) released a new lease accounting standard that adds leases to the balance sheets of U.S. companies as 鈥渙perating obligations鈥� rather…
A putative class action suit has been filed in the U.S. District Court in the Eastern District of Pennsylvania against Bank of America for allegedly suing consumers in default on…
The U.S. Court of Appeals for the Second Circuit recently ruled in In re Tribune Co. Fraudulent Conveyance Litigation that the safe harbor under Section 546(e) of the Bankruptcy Code…
In a case of first impression, the U.S. Court of Appeals for the Seventh Circuit has ruled that the termination of two leases prior to a commercial tenant鈥檚 bankruptcy filing…
The U.S. Supreme Court recently split 4-4 in a case involving whether or not the spousal guaranty rule under Regulation B is enforceable, for now making the question of enforceability…
The U.S. District Court for the Northern District of California has ruled that a third party may compel arbitration if the issues in dispute are 鈥渋ntertwined with the agreement鈥� to…
A panel of the U.S. Court of Appeals for the Ninth Circuit has reversed a California court鈥檚 order compelling arbitration of a franchise agreement, finding that the agreement was not…
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