Rochellel's Daily Wire

March 31, 2016

Once Property Is Abandoned, Proceeds Belong to Debtor

Judge bends over backward so debtor can keep an $80,000 windfall.

6th Circuit, Ohio, Ohio Southern District

March 30, 2016

Extension Granted for Filing Claims When Case Temporarily Dismissed

First Circuit becomes first appeals court to allow more time for a claim following dismissal.

1st Circuit

March 29, 2016

BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds

BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.

9th Circuit

March 29, 2016

Puerto Rico Enjoined from Collecting an Unconstitutional Corporate Tax

District Court trims Puerto Rico’s tax revenue by ruling in favor of Wal-Mart.

1st Circuit, Puerto Rico

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

2nd Circuit

March 28, 2016

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

2nd Circuit

March 25, 2016

Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues

State courts should rule on state law issues, says circuit panel including Richard Posner.

7th Circuit

March 24, 2016

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

10th Circuit, Oklahoma, Oklahoma Western District

March 23, 2016

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

11th Circuit, Alabama, Alabama Middle District

March 22, 2016

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

7th Circuit