Alerts

On October 26, 2023, the U.S. District Court for the Southern District of Texas granted a nationwide preliminary injunction enjoining the Consumer Financial Protection Bureau (CFPB) from enforcing Section 1071 of the Dodd-Frank Act.

Illinois recently passed the Illinois Consumer Contract Reciprocal Attorney's Fees Act (Public Act 103-344), allowing recovery of attorney's fees for consumers in certain cases. In general, Illinois follows the American Rule with respect to the recovery of attorney's fees.

In an attempt to ensure that confidential and sensitive personal and financial information is maintained and secured, the Federal Trade Commission (FTC) has established many standards, and corresponding requirements, for various industries, most specifically financial institutions.

Ohio Revised Code Section 2117.06 governs the presentment of creditors' claims in Ohio estates. A recent amendment to 2117.06 will be incredibly helpful to creditors and their attorneys in presenting claims to an Ohio estate, which will result in more claims being paid.

Effective July 31, 2023, in the First Municipal District of Cook County in Illinois, all civil trials where testimony will be elicited are required to be conducted in person. All other civil court proceedings in the First Municipal District may continue to be held virtually (via Zoom).

On April 6, 2023, Kentucky Governor Andy Beshear signed House Bill 83 (HB 83) into law. This new law has a significant impact on the enforcement of judgment liens in Kentucky. The main effect of judgment liens deals with the expiration of judgment liens and how the expiration may be postponed.

A decision out of the Eleventh Circuit drives home the unfortunate end-result for a secured lender who makes an error when filing its UCC-1 Financing Statement.

On February 7, 2023, New Jersey Chief Justice Stuart Rabner suspended all trials in the Civil Division and matrimonial trials for the immediate future in two vicinages, comprised of six New Jersey counties due the significant judge shortage the court system is facing.

As has been well-documented, inflationary pressures and interest rate increases continue to impact consumers nationwide. Whether this most recent data suggests a tipping point for bankruptcy filings moving forward in 2023 remains to be seen.

A recent decision out of the District of Kansas highlights the dangers mortgage lenders face when failing to file the appropriate Notice of Mortgage Payment Change and/or failing to respond to a chapter 13 trustee's Notice of Final Cure.