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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]
16 Nov 2017, 8:19 am by Eric Tsai
In so ruling, the Third Circuit held that:  (1) defendants arguing that a class is not ascertainable should be required 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]
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]
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]
26 May 2016, 8:41 am by Eric Tsai
In so ruling, the Court also held that an HOA’s covenants, conditions, and restrictions (“CC&Rs”) that purport to create a […]Eric Tsai [read post]
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]
16 Mar 2018, 9:54 am by Eric Tsai
Court of Appeals for the District of Columbia ruled today that: The FCC’s ruling as to the types of calling equipment that fall within the TCPA’s restrictions would “subject ordinary calls from any conventional smartphone to the Act’s coverage, an Read more → Eric Tsai [read post]
14 Mar 2011, 10:29 am by Tiffany Chiao
East Bay Express, February 9, 2011 by Luke Tsai Rakowski said that if the donor is motivated by what the Supreme Court has termed “disinterested generosity,” then the money can simply be treated as a gift and isn’t subject to taxation. [read post]