On November 25, 2019, a lawsuit was filed against the New York Metropolitan Transportation Authority claiming a new law that would punish...
Thomas H. Curran Associates, LLC
Lawsuits claim Ben & Jerry’s is deceiving consumers
Former Vermont gubernatorial candidate James Ehlers alleged claims of breach of express warranty, unjust enrichment, and violations of...
Second Circuit determines when default judgment has preclusive effect
Murphy et al. v. Snyder et al., No. 18-1578, 2019 WL 4308631 (2d Cir. Sept. 12, 2019). Ruling on a matter of first impression for the...
Totality of the circumstances test revisited to determine dischargeability of student loan debt
On remand from the United States Bankruptcy Appellate Panel for the First Circuit (“BAP”), the U.S. Bankruptcy Court for the District of...
Former CEO of Tesla rival, Raraday future files for U.S. bankruptcy protection
Jia Yueting, founder and former CEO of Faraday Future has filed for Chapter 11 bankruptcy in Delaware to “address his personal debts in...
A new legislative attempt to move bankruptcy cases out of Delaware
On September 19, 2019, a bill was introduced in the House of Representatives to amend Title 28 of the United States Code, to modify venue...
Supreme Court to decide whether “discovery rule” applies to toll FDCPA limitations period
In October, the Supreme Court is scheduled to hear oral arguments on the issue of whether the “discovery rule” applies to toll the...
Massachusetts Judge rules reaffirmation agreement not required for lease assumption
U.S. Bankruptcy Judge Melvin S. Hoffman of the District of Massachusetts ruled a Chapter 7 debtor’s assumption of a personal property...
Debtor not precluded from claiming homestead exemption on trailer that violated county ordinance
The Eleventh Circuit Court of Appeals recently affirmed a lower court’s rulings that a Chapter 13 debtor’s trailer located on agricultural...
Massachusetts court holds trustee can challenge transfers up to ten years old
In Chapter 7 bankruptcy cases, the trustee is empowered to take back money or property that was improperly removed by the debtor before...
Is Forever 21 the next major mall retailer preparing for bankruptcy?
During the last 12 months, the retail sector has already seen bankruptcy filings spike, with major retailers in a variety of sub-sectors...
Four new bankruptcy bills signed into law in August 2019
On August 23, four new bankruptcy bills were signed into law by President Trump. First, the Small Business Reorganization Act of 2019,...
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