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27 Mar 2017, 10:08 am by Eric Tsai
The Bankruptcy Appellate Panel for the Eighth Circuit recently held that a secured creditor obtained a valid lien on collateral because technical defects in the bill of sale did not invalidate a transfer of title to the collateral, and rejected the argument that the secured creditor should have inspected the bill of sale before advancing […] Eric Tsai [read post]
6 Jan 2017, 5:00 am by Chris Mirasola
    Taiwan The Liaoning’s sail-by of Taiwan last week reinforced heightened tension between Taipei and Beijing that has existed since President Tsai Ing-wen came to power. [read post]
21 Oct 2016, 6:05 am by Chris Mirasola
” White House Press spokesperson Eric Schultz made much the same point, telling reports that the United States has not received any requests to alter bilateral cooperation. [read post]
13 Jun 2016, 7:27 am by Eric Tsai
As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of Appeal of the State of Florida, Fifth District, recently dismissed a borrower’s appeal from a final judgment of foreclosure because the borrower admitted during the course of his bankruptcy proceeding […]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]
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]
9 May 2016, 5:11 am by Eric Tsai
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]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]