Federal Court Rejects False Statement Claim Against NJ Debt Collection Law Firm
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...
Fraudulent Asset Transfers In New Jersey Divorce Cases
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...
Bergen County Chancery Judge Hits Mortgage Lender With $26,000 in Counsel Fees For Violating New Jersey Consumer Fraud Act
In an unpublished decision issued on July 31, 2014, a Bergen County Chancery Judge fined a mortgage lender over $26,000 in legal fees for violating the New Jersey Consumer Fraud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...
Third Circuit Court of Appeals Puts The Nail In The Coffin for Madoff Investors
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...