September 13, 2016
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
11th Circuit, Alabama, Alabama Northern DistrictSeptember 12, 2016
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
1st Circuit, MassachusettsSeptember 12, 2016
Releases Don’t Bind a Trustee Suing on a Creditor’s Claim under Section 544(b)
Trustee evaded a release by suing on an actual creditor’s claim under Section 544(b).
1st Circuit, MassachusettsSeptember 09, 2016
Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings
Exemption value to be decided at a ‘one-shot’ public auction.
5th Circuit, Louisiana, Louisiana Western DistrictSeptember 08, 2016
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
9th Circuit, IdahoSeptember 07, 2016
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
11th Circuit, Georgia, Georgia Middle DistrictSeptember 07, 2016
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 06, 2016
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
11th Circuit, Florida, Florida Southern DistrictSeptember 02, 2016
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
2nd Circuit, New York, New York Eastern DistrictSeptember 01, 2016
Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7
Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.
5th Circuit, Texas, Texas Southern District