Business Law

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

This seminar will focus around a case study of a complex accounting dispute in which a voluminous amount of documents required extensive discovery and review for the important content. The session will next focus on suggestions for organizing the relevant documents for a concise and understandable presentation at a trial. 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 LEXIS 299 (B.A.P. 9th Cir. 2021) (unpublished) (“Moon”), the United States Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) ruled that a creditor was not liable for civil contempt of a chapter 13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

On August 17, 2021, the California Court of Appeal, Fourth Appellate District, in Turner v. Victoria, held that a director of a California nonprofit public benefit corporation who brought an action on behalf of the corporation lost standing to pursue her claims when she lost re-election to the board. Read more

The Business Law Section is pleased to announce that Mark A. Moore has been selected to receive the Business Law Section’s 2021 Lifetime Achievement Award. Read more

In Rushmore Loan Mgmt. Servs., LLC v. Moon (In re Moon), 2021 Bankr. LEXIS 27 (B.A.P. 9th Cir. 2021) (unpublished), the United States Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) ruled that attorney’s fees and costs are recoverable under 11 U.S.C. § 362(k)(1) even if the debtor is not personally liable for their payment and has not signed a fee agreement. Read more