Insights

Can I Reduce My Alimony Obligation?

In order to achieve a reduction of an alimony obligation, a payor must demonstrate that there has...

Giving Up Your Right to Litigate in Court: Arbitration Clauses in Property Settlement Agreements

In the matter of Natoli v. Natoli the New Jersey Appellate Division upheld a Property Settlement Agreement (“PSA”)...

Can You Pay Child Support Directly to Your Child?

Child support is meant to be used for the benefit of the child.  Often, however, clients allege...

Change of Physical Custody

Often, the decision of which parent a child should live with after a divorce is an extremely...

Fourth Circuit Holds that Defendant Did Not Violate FDCPA By Filing Proofs of Claim Based on Time-Barred Debts

The Fourth Circuit recently affirmed a bankruptcy court’s dismissal of the plaintiffs’ Fair Debt Collection Practices Act...

New York Supreme Court Holds Defendants’ Usury Defense Was Meritless

The Supreme Court of New York, Nassau County, recently held that a plaintiff was entitled to default...

Seventh Circuit Holds That District Court Properly Dismissed Action When Borrowers Did Not Demonstrate That Alleged Injuries Were Caused by RESPA Violation

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s grant of...

Sixth Circuit Rejects Borrowers’ Claim for Rescission Under TILA for a Lender’s Failure to Notify the Borrowers That the Debt Had Been Assigned

In a case “that appears to be a new question in the court of appeals,” the United...

Eleventh Circuit Holds That Servicer Did Not Violate RESPA by Not Evaluating Loss Mitigation Application

The United States Court of Appeals for the Eleventh Circuit recently held that a loan servicer did...