In re Weinstein Co. Holdings LLC

The Third Circuit issued two nearly identically captioned opinions — In re Weinstein Co. Holdings LLC — in which the Court dealt with issues revolving around Harvey Weinstein’s bankruptcy proceedings. When The Weinstein Company (TWC) declared bankruptcy, it found a buyer in the Spyglass Media Group. In one case, the Third Circuit heard an appeal … Read more

Moyer v. Patenaude & Felix, A.P.C.

In Moyer v. Patenaude & Felix, A.P.C. the Third Circuit was asked to determine whether the phrase “[i]f you wish to eliminate further collection action, please contact us at 800-832-7675 ext. 8500” in a debt-collection letter violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692et seq. Employing the “least sophisticated debtor” standard, the … Read more

Klotz v. Celentano Stadtmauer & Walentowicz LLP

In Klotz v. Celentano Stadtmauer & Walentowicz LLP, the Third Circuit affirmed the District Court’s order granting the defendant’s motion to dismiss the complaint for failure to state a claim. A hospital retained the defendant law firm to collect a debt incurred by the plaintiff’s husband. The husband died before paying the debt and did … Read more

160 W. Broadway Associates, LP v. 1 Mem’l Drive, LP

In 160 W. Broadway Associates, LP v. 1 Mem’l Drive, LP, the plaintiff sued the defendants, seeking a declaration that Defendant Memorial was a successor to Defendant Amma and liable for Amma’s debts. The trial court entered judgment in favor of the plaintiff. The New Jersey Appellate Division reversed, noting that successor liability is preconditioned … Read more

LVNV Funding v. DeAngelo

The defendant defaulted on an automobile loan and the plaintiff held the note. The plaintiff filed this debt-collection action after the four-year statute of limitations set forth in the Fair Debt Collection Practices Act lapsed. The defendant did not respond to the complaint. The plaintiff was thus granted default judgment on the claim. Eight years … Read more