Business Law Insolvency Law Committee

California's Rosenthal Act (similar to but broader than FDCPA) can apply to nonjudicial foreclosures. Read more

Court rejected a creditor's request for retroactive stay relief but granted relief to re-file and prosecute a lawsuit creditor had filed against debtor during debtor's prior bankruptcy case in which creditor obtained a default judgment. Read more

Even though Amazon was not a manufacturer, distributor, or retailer of a product available for sale through its website by a third party seller, it was subject to strict product liability. Read more

Plaintiff had standing to challenge a debt collector's transmission of personal information to debt collector's mailing service and that practice may have violated FDCPA. Read more

Mortgage lender and loan servicer were sued under FDCPA based on a "loss mitigation letter" which set a deadline for borrower to execute short sale papers. The foreclosure sale was conducted before the deadline expired. Court held there was no FDCPA violation because loan servicer was not a "debt collector" and had not engaged in debt collection activity. Read more

After the US Supreme Court reversed and remanded four companion cases where the 7th Circuit erroneously determined the City of Chicago violated the automatic stay for refusing to release impounded vehicles until the owners paid associated traffic fines, the 7th Circuit remanded two of the cases to the bankruptcy court to determine if there were other stay violations. Read more

Creditor who received informal bankruptcy notice was not liable for contempt of discharge injunction but was liable for willfully violating automatic stay. Read more

The three-year limitations period for an assessment of tax liability set forth in Internal Revenue Code section 6501(a) begins to run from the date the “return” is filed. Read more

The following is a profile of the Honorable Robert N. Kwan, the thirteenth in a series of profiles of Ninth Circuit Bankruptcy and Magistrate Judges. Read more

In Moon v. Rushmore Loan Mgmt. Servs., LLC (In re Moon), 2021 Bankr. LEXIS 299 (B.A.P. 9th Cir. 2021) (unpublished) (“Moon”), the United States Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) ruled that a creditor was not liable for civil contempt of a chapter 13 plan confirmation order that was entered without prior notice to the creditor. Read more