required | Judiciary.org

Student Loan Fraudsters Permanently Banned From Debt Relief Industry And Required to Turn Over All Assets as Result of FTC Action

As a result of a Federal Trade Commission lawsuit, a fraudulent student loan debt relief operation and its owners are permanently banned from the debt relief industry and required to turn over all assets to resolve allegations that they misled consumers.

“Consumers looking to pay off their student loan debt should not have to worry about being scammed,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC will continue to hold fraudsters that pocket Americans’ hard-earned … Read the rest

Civil Law

(UK) The Court Considers the Question of Whether Secured Creditor Consent is Required to an Administration Extension Again. “Too Good” to be True?

No, it isn’t. We now have two cases where the Court has confirmed that insolvency practitioners do not need the consent of paid secured creditors when extending an administration under para. 78 of Schedule B1 of the Insolvency Act 1986 (the “Act”).

In Boughey & Anor v Toogood International Transport and Agricultural Services Ltd [2024] EWHC 1425 (Ch) (“Toogood”)the judge agreed with the conclusions reached in the recent Pindar case – see our blog on this – concerning the interpretation … Read the rest

Supreme Court

Required SEC disclosures and erroneous DNA evidence

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. United States, meaning that the court will be making yet another foray into the “categorical approach” to determining whether prior convictions are “crimes of violence” for sentencing purposes. … Read the rest

Civil Law

Federal court finds the Corporate Transparency Act unconstitutional: Is compliance still required?

Congress passed the Corporate Transparency Act (CTA) as an anti-money-laundering initiative in 2021. Absent an applicable exemption,[1] the CTA requires all entities formed or registered to do business in the US (reporting companies) to report their beneficial ownership[2] to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

In National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), the National Small Business Association (NSBA) and one of its members brought a suit in the US District Court of the Northern … Read the rest