In a precedential opinion issued on June 30, 2015, the United States Court of Appeals for the Third Circuit affirmed the lower court's dismissal of a putative class action complaint filed by a consumer against a law firm and its client for allegedly violating a provision of the Fair Debt Collection Practices Act ("FDCPA") that prohibits a debt coll...
Can assets transferred between soon-to-be ex-spouses as part of a property settlement agreement in their divorce case constitute a fraudulent conveyance? Our firm is presently representing a judgment creditor of a husband who transferred his 50% interest in his marital residence valued at more than $1 million to his wife for $1.00, as well as ot...
In an unpublished decision issued on July 31, 2014, a Bergen County Chancery Judge fined a mortgage lender over $26,000 in legal fees for violating the New Jersey Consumer Fraud Act in connection with a residential loan refinance involving a then 70-year old woman residing in Englewood, New Jersey. Freedom Mortgage Corp. v. Mamie E. Major, Superi...
In a precedential opinion, Baer v. U.S., the United States Court of Appeals for the Third Circuit rejected the claims filed by defrauded investors of Bernard Madoff against the Securities and Exchange Commission ("SEC"), holding that the Federal Tort Claims Act shields the SEC from liability for an exercise of discretion, even if it is abused. The...
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