Remove 2017 12
article thumbnail

A Fraudulent Transfer may be the Result of a Breach of Fiduciary Duties

ABI

12] The Trustee filed a complaint in the Bankruptcy Court for the Southern District of New York alleging that Tilton breached her fiduciary duty to TransCare by engaging in a self-interested transaction and the foreclosure on TransCare’s assets was an actual fraudulent conveyance. [13] 2017); Brown v. 30] [1] 11 U.S.C. §

article thumbnail

Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

2017) (denying class certification; individualized inquiries re: use of properties by putative class members); Connelly v. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. These cases arose in the context of non-judicial foreclosures. See, e.g., Lowe v. See, e.g., Ho v. NA , 840 F.3d

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

6:15-CV-1951-ORL-40GJK, 2017 WL 10350673, at *3 (M.D. The court found that the plaintiffs suffered for over two-and-a-half-years with stress, anxiety, and sleeplessness as a result of the defendant’s misrepresentations regarding the amount of debt owed, which peaked when the defendant filed a foreclosure action. See Baumann v.

article thumbnail

Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Determining the line between foreclosure activity and debt collection, however, can be elusive. 2017), petition for cert. 21, 2017) (No. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. Riexinger & Associates, LLC , 817 F.3d

article thumbnail

For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years.

article thumbnail

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. If confirmed by the Senate, Uejio would replace 2017 Trump appointee Anna Maria Farias. You may access this interactive tool at [link].