Rochellel's Daily Wire

September 01, 2017

Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing

Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.

4th Circuit, Maryland

September 01, 2017

Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.

3rd Circuit, New Jersey

August 31, 2017

Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers

The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.

8th Circuit

August 31, 2017

Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel

Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.

9th Circuit

August 30, 2017

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

2nd Circuit, New York, New York Southern District

August 29, 2017

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

2nd Circuit, New York, New York Southern District

August 29, 2017

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

3rd Circuit, Pennsylvania, Pennsylvania Western District

August 28, 2017

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

9th Circuit

August 25, 2017

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

8th Circuit

August 24, 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.

2nd Circuit