Dec. 1, 2017

New Bankruptcy Rules in Effect on December 1

Beginning December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure go into effect. There are significant modifications to the organization and wording of a number of Rules, but the most salient issues for creditors in the Eastern District of Pennsylvania are the new deadlines for filing proofs of claim and the […]

Sep. 15, 2017

Equi-Hacked: Freezing Your Credit After A Data Breach

On September 7, 2017, a data breach considered one of the worst in cybersecurity history, occurred when Equifax, one of the three major consumer credit reporting agencies, reported that hackers had gained access to the confidential information of 143,000,000 people, including social security numbers and dates of birth.  This was not a hack of a […]

Sep. 13, 2017

Courts Continue to Award Damages for Stay Violations

  I recently reported on the Third Circuit Court of Appeals’ decision in In re Lansaw, in which the Court upheld the imposition of sanctions, including the award of emotional distress damages, for violations of the automatic stay. I suggested that creditors be guided accordingly. Despite the clear signals from the Courts, stay violations continue and the […]

Sep. 6, 2017

Appeals Court Allows Final Chapter 13 Payment Beyond 60 Months

Few things in life are certain. Death. Taxes. Chapter 13 plan payments must be completed within 5 years. But wait – the Third Circuit Court of Appeals recently held that a Chapter 13 Debtor can receive a discharge, even if the final plan payment is made after 60 months. In a case of first impression […]

Aug. 22, 2017

Pennsylvania Superior Court Holds Diversion to Bankruptcy Court Eliminates Dragonetti Act Claim

The Pennsylvania Superior Court has held that the removal of a state law claim from the state courts to the federal bankruptcy court pre-empted the defendants’ subsequent suit under the Dragonetti Act for wrongful use of civil proceedings. The facts are summarized as follows: Landlord commenced an action against Law Firm and its partners for […]

Jul. 19, 2017

FLB named Top Law Firm and M&A Firm by Readers of Lehigh Valley Business

Fitzpatrick Lentz & Bubba, PC has been named both the Top Law Firm and Top Mergers & Acquisitions Firm in the Lehigh Valley for 2017 by the readers of Lehigh Valley Business.  Thousands of votes were cast in Lehigh Valley Business’ inaugural reader rankings, and the results were published on July 17, 2017. “When you […]

Jul. 12, 2017

Lehigh Valley Featured in American Airlines In-Flight Magazine

During the month of July – the busiest airline travel month of the year – American Airlines passengers around the world will be learning why the Lehigh Valley is great place to visit, relocate and operate a business.  American Way, the in-flight magazine for American Airlines, is featuring the Lehigh Valley in its Spotlight series. […]

Jun. 23, 2017

Supreme Court Rules Filing a Stale Claim is not an Unfair Debt Collection Practice

On May 15, 2017, the Supreme Court resolved a split among the Circuit Courts of Appeals, holding that the filing a time-barred / stale claim does not violate the Fair Debt Collection Practices Act. Midland Funding v. Johnson (U.S. May 15, 2017). The Fair Debt Collection Practices Act, 15 U. S. C. §§1692 et seq., […]

May. 30, 2017

Emotional Distress Damages Upheld for Stay Violation

The current Bankruptcy Code went into effect on October 1, 1979. One of the fundamental provisions of the Bankruptcy Code is the automatic bankruptcy stay which, as its name implies, automatically halts almost all collection activity against the debtor and the debtor’s property. Even though the law has been around for close to 40 years, […]

May. 18, 2017

FLB Attorneys Named to Super Lawyers and Rising Stars Lists

Fitzpatrick Lentz & Bubba, P.C. is pleased to announce that four attorneys have been selected for inclusion in this year’s Pennsylvania Super Lawyers. In addition, two attorneys were named to the Pennsylvania Super Lawyers – Rising Stars Edition. Historically, less than 5% of the lawyers in the state are selected for the coveted distinction of Pennsylvania […]