Finance
Showing 451 - 456 of 1012 results.
Bankruptcy Due Diligence: What to Know before Any Deal Closes
A section 363 sale offers something no ordinary acquisition can: assets free and clear of liens and claims, confirmed by court order. The question is what "free and clear" does not reach. Successor liability must be expressly addressed in the sale order, and courts differ on how far that protection extends. Environmental obligations and future product liability claims have proven the most resistant. A buyer who assumes the order settles everything is assuming more than most orders deliver. Contracts come with a price. Assuming an executory contract requires curing arrears in full — which can exceed what the contract is worth. Intellectual property licenses raise a further question: whether they may be assumed at all is contested, and the answer varies by circuit. You may not win. A section 363 sale runs through a court-approved auction. A stalking horse bid sets the floor and invites competition. Bid protections and break-up fees are negotiated for exactly this reason, and they are approved at the court's discretion. For creditors, the analysis is different. Where a claim sits in priority, whether payments received before the filing are recoverable by the estate, and whether the debt survives discharge are separate questions from what the estate is worth.
Read more
FDCPA Violations: Consumer Rights and Remedies in New York
FDCPA violations occur when debt collectors use illegal harassment, false threats, or unauthorized contact to force payment. Under federal law and New York consumer protection regulations, targeted individuals can stop unlawful debt collection practices and recover monetary damages. Knowing your legal protections in New York helps you document collector misconduct and take effective action.
Read more
Debt Settlement Compliance: Legal Requirements & Consumer Protections
Debt settlement compliance protects consumers from illegal fees and deceptive practices under federal and New York regulatory standards. Knowing your rights ensures safe debt relief choices.Navigating financial distress requires absolute clarity regarding the laws that govern debt relief entities. Debt settlement compliance establishes the legal boundaries within which settlement agencies must operate, protecting consumers from fraudulent operations and unsustainable financial agreements. Our firm's experience in consumer financial defense shows that predatory settlement companies often exploit individuals in vulnerable positions by charging unlawful advance fees or making false promises regarding debt forgiveness. By understanding these regulatory standards, consumers can evaluate relief options with confidence and ensure their rights remain fully protected under state and federal frameworks.
Read more
Credit Repair Litigation: Legal Procedures and Strategies
Credit repair litigation addresses claims that arise when consumers or creditors challenge inaccurate reporting, improper collection practices, or violations of credit-related statutes. These disputes often involve federal law, state consumer protection statutes, and regulatory frameworks that govern how credit information is reported, verified, and used in lending decisions. The stakes for both parties can be substantial, ranging from reputational harm to business operations to individual financial standing. Understanding the legal landscape helps creditors navigate compliance obligations and defend against claims that may arise from ordinary business practices.
Read more
What Evidence Defines a Successful Credit Repair Lawsuit Outcome?
Credit repair lawsuits typically arise when a creditor or debt collector employs deceptive practices that violate federal consumer protection statutes. These claims fall primarily under the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and state consumer protection laws that govern how consumer credit information is reported, disputed, and collected. The plaintiff (often a consumer or class of consumers) alleges that inaccurate reporting, failure to investigate disputes, or aggressive collection tactics caused concrete harm, such as denial of credit, higher interest rates, or emotional distress. Understanding the legal framework that governs these disputes helps creditors and debt collection entities assess compliance risk and recognize where procedural or factual disputes most commonly arise in litigation.
Read more
Why Does Transfer Pricing Litigation Arise for Taxpayers?
Transfer pricing litigation arises when tax authorities challenge intercompany pricing under the arm’s length standard, potentially resulting in tax adjustments, penalties, and double taxation. Transfer pricing litigation often begins when the IRS questions whether related-party transactions satisfy arm’s length pricing requirements. Transfer pricing litigation typically involves contemporaneous documentation, benchmarking studies, comparability analysis, and functional analysis to support a taxpayer’s position. Because transfer pricing litigation may progress from audits and administrative appeals to federal court proceedings, maintaining strong economic evidence is critical for defending intercompany pricing decisions.
Read more