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New Consumer Protection Litigation Trend Emerging: The Morning Minute

The news and analysis you need to start your day.
4 minute read

The Legal Intelligencer

US Supreme Court Hears Oral Argument Regarding Federal Government's Liability for FCRA Violations

What happens when a consumer brings a claim under the FCRA against a furnisher that is a federal government agency, claiming the agency violated the statute? Is that agency protected from liability by the federal government's sovereign immunity?
7 minute read

New York Law Journal

Hochul Seeks Consumer Protection Law, Curbs on Medical Debt Collection

In her State of the State message, Gov. Kathy Hochul urged lawmakers to empower the attorney general's office and financial regulators to crack down on abusive business practices.
5 minute read

New York Law Journal

Judgment Lienholders Versus UCC Lienholders: Who Wins When It Comes to Cash?

Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Court of Appeals of Ohio in 'Wulco v. The O'Gara Group & Monroe Capital Partners Fund' involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor's bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a "transferee" under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.
12 minute read

New York Law Journal

Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read

The American Lawyer

Kirkland & Ellis, Jackson Walker Continue Debtor-Side Dominance in Strong Q3 for Big Bankruptcy

Big Law bankruptcy practices are closing in on their best year since 2020.
3 minute read

Delaware Business Court Insider

Bankruptcy Judge Allows FTX to Bundle Objections to Claims

Judge John T. Dorsey approved the FTX debtors' motion to deviate from rules typically used in bankruptcy proceedings.
4 minute read

New York Law Journal

Enforcing Judgments Against 'Homestead' Properties

There are many issues to consider when pursuing homestead property and navigating through Article 52 of the Civil Practice Law and Rules, which governs judgment enforcement, can be challenging.
9 minute read

New York Law Journal

Nuance in Mortgage Commerce: Yet Another Lender Failure With 30-Day Notice

Bruce Bergman discusses 'Wilmington Savings Fund Society, FSB v. Racer,' which deals with the "once believed innocuous 30-day notice requirement," and more specifically, when borrowers deny receipt, whether the foreclosing party can prove the notice was sent.
4 minute read

The Legal Intelligencer

Latest CFPB Report: Deceptive Practices by Auto, Mortgage Lenders and Medical Debt Collectors

The CFPB's most recent supervisory highlights report suggests that some familiar industry players can't seem to stay on the straight and narrow.
8 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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