Rochellel's Daily Wire

August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

August 31, 2016

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.

3rd Circuit

August 30, 2016

Ninth Circuit to Rule on ‘Related To’ Removal of Securities Lawsuits

Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.

9th Circuit, California, California Northern District

August 30, 2016

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit, Connecticut

August 30, 2016

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

11th Circuit, Alabama, Alabama Middle District

August 29, 2016

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit

August 29, 2016

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

9th Circuit

August 26, 2016

Bondholders’ Lawsuit Enjoined by the Automatic Stay in PROMESA

Puerto Rico judge rejects constitutional attack on portions of PROMESA.

1st Circuit, Puerto Rico

August 26, 2016

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

9th Circuit

August 25, 2016

Sixth Circuit Splits with the Second over the Wagoner Rule on Standing

Sixth Circuit revives lawsuit against lender that allegedly aided Ponzi scheme.

6th Circuit