Rochellel's Daily Wire

February 18, 2016

Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’

Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.

Supreme Court

February 17, 2016

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?

10th Circuit, Colorado

February 17, 2016

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.

9th Circuit, California, California Northern District

February 16, 2016

Defrauded Customers Make Introducing Broker Eligible for Liquidation under SIPA

SIPC steps in to help pay claims of defrauded customers of introducing broker.

2nd Circuit, New York, New York Southern District

February 16, 2016

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

11th Circuit

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 15, 2016

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit, Florida, Florida Southern District

February 12, 2016

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

11th Circuit, Florida, Florida Middle District

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 10, 2016

Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions

Milwaukee judge pens a debtor-friendly opinion on judicial liens.

7th Circuit, Wisconsin, Wisconsin Eastern District