PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. .’

Bankruptcy 65

Bankruptcy Debtor Creditors Repossession 65

Troutman Sanders

APRIL 24, 2023

Despite the liberal construction typically afforded to pleadings filed by pro se litigants, the court dismissed the plaintiff’s complaint sua sponte for failure to state a claim. Though the plaintiff may have been confused, the defendant’s reporting of the loan from origination to charge-off provided a clear picture to would-be creditors.

Loans 52

Loans Repossession Secured Creditor Construction 52

Burr Forman

DECEMBER 4, 2020

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution. This guidance is set to expire March 31, 2021. Stearns of the U.S.

Financial Institution 52

Financial Institution Garnishment Collections Foreclosure 52