Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
Posted on May 6, 2021 in Bankruptcy, Consumer Protection | Comments Off on Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
In Losch v. Nationstar Mortgage LLC, 2021 WL 1653016 (11th Cir. Apr. 28, 2021), the Eleventh Circuit considered whether the defendant Experian violated the Fair Credit Reporting Act’s requirements that a credit-reporting agency employ “reasonable procedures to assure maximum possible accuracy of the information concerning the individual” when preparing credit reports, 15 U.S.C. §...
Bankruptcy Preemption/Preclusion Defense Does Not Preclude Class Certification in FDCPA/FCCPA Case
Posted on Nov 5, 2019 in Bankruptcy | Comments Off on Bankruptcy Preemption/Preclusion Defense Does Not Preclude Class Certification in FDCPA/FCCPA Case
In an opinion vacating a district court order denying class certification, the Eleventh Circuit held that whether the Bankruptcy Code precludes and/or preempts the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., raised issues common to all class members. Sellers v....
Florida Exemption Does Not Shield Improperly Maintained IRA from Creditors
Posted on Jul 3, 2019 in Bankruptcy | Comments Off on Florida Exemption Does Not Shield Improperly Maintained IRA from Creditors
An IRA owner could not rely on a Florida exemption to shield his IRA account from creditors after engaging in prohibited acts of self-dealing with his IRA funds, the Eleventh Circuit held in Yerian v. Webber, 2019 WL 2610751 (11th Cir. June 26, 2019). The IRA owner, Keith Yerian, opened a self-directed IRA. The IRA was governed by two contracts. One of the contracts required Yerian to...
Denial of Daubert Motion and Dismissal of Fraudulent Transfer Claim Affirmed
Posted on Oct 3, 2018 in Bankruptcy | Comments Off on Denial of Daubert Motion and Dismissal of Fraudulent Transfer Claim Affirmed
In O’Halloran v. Harris Corp. (In re Teltronics, Inc.), 2018 WL 4700578 (11th Cir. Oct. 2, 2018), the Eleventh Circuit affirmed a district court judgment affirming a bankruptcy court order dismissing a fraudulent conveyance claim. The alleged fraudulent conveyance was the debtor’s transfer of a “blocking right” and right of first refusal under a patent transfer agreement, but the...
Court Declares Ratepayers’ Challenge to Jefferson County Bankruptcy Plan Equitably Moot
Posted on Aug 21, 2018 in Bankruptcy | Comments Off on Court Declares Ratepayers’ Challenge to Jefferson County Bankruptcy Plan Equitably Moot
In Bennett v. Jefferson County, Alabama, 2018 WL 3892979 (11th Cir. Aug. 16, 2018), the Eleventh Circuit held that the doctrine of equitable mootness barred a challenge by ratepayers to Jefferson County’s bankruptcy plan, representing the first time the court has applied the doctrine to a Chapter 9 municipal bankruptcy. Jefferson County declared bankruptcy in 2011, having run up some...
Eleventh Circuit Reverses Sanctions Award Against FLSA Plaintiff
Posted on Aug 12, 2018 in Bankruptcy | Comments Off on Eleventh Circuit Reverses Sanctions Award Against FLSA Plaintiff
In Silva v. Pro Transp., Inc., __ F.3d __, 2018 WL 3801663 (11th Cir. Aug. 10, 2018) (per curiam), the Eleventh Circuit applied its prior decision in Slater v. U.S. Steel Corp., 871 F.3d 1174 (11th Cir. 2017 ) (en banc) (see our blog post here) to reverse a sanctions award against a FLSA plaintiff and his attorneys. The plaintiff, Juan Antonio Silva, first consulted a lawyer about his...