September 26, 2017 | New York Law Journal
Supreme Court's 'Henson' Decision Leaves Many Questions UnansweredIn a June 12, 2017 decision, the U.S. Supreme Court unanimously held that certain consumer finance companies that purchase and collect defaulted debts originated by other lenders are exempt from the strictures of the FDCPA. The case, which turns on who qualifies as a "debt collector" under the FDCPA, has significant implications for the distressed debt industry and will likely lead to industry-wide changes as companies restructure so as to benefit from the guidance contained in this ruling.
By Michael Sirota and Rebecca Hollander
7 minute read
September 19, 2016 | New York Law Journal
Buyers Beware! Second Circuit Limits Scope of 'Free and Clear' SaleMichael Sirota and Felice Yudkin of Cole Schotz discuss the recent Second Circuit ruling in the General Motors bankruptcy case writing: The 'Motors Liquidation' decision serves as an important lesson to buyers of assets in 363 sales: Actual notice to known or potential creditors is critical.
By Michael Sirota and Felice Yudkin
11 minute read
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