© 2017 by Curran Antonelli

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Murphy et al. v. Snyder et al., No. 18-1578, 2019 WL 4308631 (2d Cir. Sept. 12, 2019).

Ruling on a matter of first impression for the court, a panel of the Second Circuit held that a prior default judgment entered as a sanction may have a preclusive effect when determin...

On remand from the United States Bankruptcy Appellate Panel for the First Circuit (“BAP”), the U.S. Bankruptcy Court for the District of Massachusetts Western Division was once again faced with the issue of whether a debtor’s student loan debts are dischargeable under...

Jia Yueting, founder and former CEO of Faraday Future has filed for Chapter 11 bankruptcy in Delaware to “address his personal debts in China,” according to a statement provided by the company on October 13, 2019. The Los Angeles-based company, which is focused on the...

On September 19, 2019, a bill was introduced in the House of Representatives to amend Title 28 of the United States Code, to modify venue requirements relating to bankruptcy proceedings. This bill, introduced by a bipartisan group of House lawmakers, aims to shift the...

U.S. Bankruptcy Judge Melvin S. Hoffman of the District of Massachusetts ruled a Chapter 7 debtor’s assumption of a personal property lease does not require a reaffirmation agreement. In this case, the debtor sought to assume the lease of a 2017 Jeep Wrangler from USB...

In October, the Supreme Court is scheduled to hear oral arguments on the issue of whether the “discovery rule” applies to toll the one-year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.. U.S. Courts of Appeals for the F...

The Eleventh Circuit Court of Appeals recently affirmed a lower court’s rulings that a Chapter 13 debtor’s trailer located on agricultural land in violation of a county ordinance constituted his exempt homestead. At the time the debtor filed his Chapter 13 petition, he...

In Chapter 7 bankruptcy cases, the trustee is empowered to take back money or property that was improperly removed by the debtor before filing. This power, known as the “clawback period” allows a trustee to recover assets that rightly belong to the debtor’s bankruptcy...

During the last 12 months, the retail sector has already seen bankruptcy filings spike, with major retailers in a variety of sub-sectors filing for liquidation, including Sears, Gymboree, and Payless. Bloomberg has reported the women’s fashion retailer Forever 21 is pr...

On August 23, four new bankruptcy bills were signed into law by President Trump.

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