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Insolvency Law Committee

UPDATE: At midnight on March 27, 2022, certain provisions of the CARES Act expired. Importantly for insolvency practitioners, the subchapter V debt limit of $7,500,000 reverted to the lower original amount of $2,725,625. It appears that Congress is working to reinstate the higher debt limit and at least one bill has been proposed (S. 3823) […]

Bankruptcy Venue “Reform” – What Are The Odds This Time?

USA October 5 2021 Here we go again – proposed bankruptcy venue legislation is back after previous “reform” efforts came up empty. For those seeking legislative action, what are the chances for venue reform now? Venue for bankruptcy cases is governed by 28 U.S.C § 1408, which provides that corporations may file in the district (a) […]

No Harm, no Foul—With TransUnion v. Ramirez, the Supreme Court Holds that Fed. Rule Civ. P. 23 Does not Permit a Damages Class Where Much of the Class Suffered no Injury

USA June 25 2021 The Vault Or to put it in legalese—“no concrete harm, no standing.” It does not get more simple than that. On June 25, 2021, the U.S. Supreme Court decided Trans Union v. Ramirez (“Ramirez”), a case involving whether class members who suffer no actual injury can be included in a damages class under Federal […]

Liquidated Damages – California

May 26, 2021 The following is a case update written by Leonard Gumport analyzing a recent case of interest. SUMMARY In Graylee v. Castro, 52 Cal. App. 5th 1107 (2020) (“Graylee”), the California Court of Appeal ruled that California Code of Civil Procedure section 664.6, which allows a court to enter a judgment under the […]

Rent deferrals in bankruptcy during the COVID-19 pandemic

DLA Piper USA May 24 2021 The COVID-19 pandemic created unprecedented disruptions across the global economy, perhaps most severely in the retail sector. Shelter-in-place orders, government-mandated closures and other restrictions drastically reduced or entirely wiped out revenue streams, resulting in an increased number of bankruptcy filings by retail debtors. While bankruptcy generally provides a breathing spell […]

Notice by Email Was Sufficient for Miller Act Bond Claim

USA May 7 2021 We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Little Miller Act for payment bond claims. And yet, a […]

Unanimous Supreme Court Limits FTC’s Ability to Seek Monetary Remedies 

USA April 29 2021   On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act. Justice Stephen G. Breyer, author of the unanimous 9–0 decision, interpreted the language and history of the statute to find that the FTC’s ability to obtain […]

Financial Services Industry Braces for Impact of Eleventh Circuit’s Hunstein Decision 

USA April 27 2021  Highlights  The U.S. Court of Appeals for the Eleventh Circuit’s recent ruling in Hunstein v. Preferred Collection and  Management Services, Inc. may upend the long–standing and rather routine business practice of financial services companies using third–party vendors to manage, service and collect on outstanding debt.  Citing ostensibly to general privacy concerns […]

TCPA update: SCOTUS clarifies TCPA auto-dialer requirements 

Authors: Peter A. Stokes, Andy Guo, Saul Howard Perlofti United States Publication | April 5, 2021  A recent U.S. Supreme Court decision should bring needed clarity and relief for businesses following a torrent of class action litigation under the Telephone Consumer Protection Act (“TCPA”). In Facebook, Inc. v. Duguid, the Supreme Court ruled that the […]