September 22, 2016
Civil Rights Suit Enjoined by Automatic Stay in Municipal Bankruptcy
District court says bankruptcy court can issue injunction to halt civil rights violation by police.
9th Circuit, California, California Central DistrictSeptember 21, 2016
FDCPA’s One-Year Statute of Limitations Strictly Enforced
FDCPA suit must begin within one year of the filing of a time-barred claim.
11th Circuit, Alabama, Alabama Middle DistrictSeptember 20, 2016
Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization
After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.
2nd Circuit, New York, New York Southern DistrictSeptember 19, 2016
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
5th CircuitSeptember 16, 2016
Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1
For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.
2nd Circuit, VermontSeptember 15, 2016
Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.
6th Circuit, Tennessee, Tennessee Middle DistrictSeptember 15, 2016
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
6th Circuit, Michigan, Michigan Eastern DistrictSeptember 15, 2016
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
5th CircuitSeptember 14, 2016
Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
9th CircuitSeptember 13, 2016
Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says
Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.
9th Circuit