Rochellel's Daily Wire

May 27, 2016

Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.

3rd Circuit, New Jersey

May 26, 2016

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

11th Circuit

May 25, 2016

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court

May 25, 2016

Final Order of Dismissal Makes Other Appeals Constitutionally Moot

Ninth Circuit adopts Eighth Circuit test for constitutional mootness.

9th Circuit

May 24, 2016

Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says

State procedural laws mandating dismissal are not applicable in federal court.

5th Circuit

May 23, 2016

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit, Oklahoma, Oklahoma Western District

May 23, 2016

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

11th Circuit, Alabama, Alabama Northern District

May 20, 2016

Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13

Rule 3002(c) has the only permissible grounds for allowing a late claim.

6th Circuit

May 19, 2016

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

2nd Circuit, New York, New York Southern District

May 18, 2016

Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal

Can substantive consolidation eradicate a defendant’s affirmative defense?

8th Circuit