On September 20th, Gov. Newsom signed Assembly Bill 2424, a bill that will expand upon California’s Homeowner Bill of Rights statutory regime and add even further restrictions on nonjudicial foreclosure proceedings in the state. The bill contains three critical revisions to existing…
MoreThe following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Bankruptcy, Discharge, Recoupment of Pre-Bankruptcy Overpayment from Blameless Debtor, 2, 3 Despite the discharge injunction, a creditor may recoup pre-bankruptcy debts by offset against post-bankruptcy payments. The equitable recoupment doctrine allows recovery of a discharged debt where the creditor and debtor share countervailing obligations that meet the logical relationship test. Under that test, obligations are logically related when they arise…
MoreRegulatory Updates and Litigation Trends for the Consumer Financial Services Industry in 2025 and Beyond A presentation by Severson & Werson focusing on recent regulatory and litigation updates in the consumer financial services industry. The presentation will focus on various…
More