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20 Apr 2017, 8:38 am by Eric Tsai
In so ruling, the Ninth Circuit held that, although courts typically apply the forum state’s statute of limitations if the contract is […] Eric Tsai [read post]
26 Oct 2015, 6:16 am by Eric Tsai
Court of Appeals for the Ninth Circuit, in a case of first impression, recently held that section 1328(f) of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which bars so-called “Chapter 20” debtors from receiving a discharge at the conclusion of their Chapter 13 reorganization if they received a Chapter 7 discharge […] Eric Tsai [read post]
10 May 2018, 1:16 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]
25 Aug 2017, 3:25 pm by Eric Tsai
§ 1332(d), must provide sufficient evidence to allow the court to determine – not speculate – that it was more likely than not that there were at least 100 […] Eric Tsai [read post]
24 Jan 2018, 7:47 am by Eric Tsai
In so ruling, the Appellate Court held that California Code of Civil Procedure section 382 did not have an equivalent to Rule 23(b)(1)(A) or Read more → Eric Tsai [read post]
13 Jun 2016, 5:49 am by Eric Tsai
Bankruptcy Court for the Southern District of Florida recently denied a creditor’s motion to compel the debtor to surrender mortgaged property and also denied the debtor’s motion to stay the case, holding that a chapter 7 debtor who indicates surrender of real property in his statement of intention is not obligated to surrender […]Eric Tsai [read post]
10 May 2018, 1:16 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]