December 13, 2019
Supreme Court Update: No Decision Soon on Extraterritorial Fraudulent Transfers
The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.
Supreme CourtDecember 12, 2019
Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers
Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.
5th CircuitDecember 11, 2019
District Court Upholds Constitutionality of San Juan Debt Adjustment Under PROMESA
The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.
1st Circuit, Puerto RicoDecember 10, 2019
Opting Out Won’t Justify Imposing Third-Party Releases, Delaware Judge Says
Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.
3rd Circuit, DelawareDecember 10, 2019
Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
Supreme CourtDecember 09, 2019
Mortgage Servicer Blew the Statute of Limitations, Judge Grossman Says
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
2nd Circuit, New York, New York Eastern DistrictDecember 06, 2019
Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
7th CircuitDecember 05, 2019
The Supreme Court May Duck a Case Involving Federal Common Law vs. State Law
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
Supreme CourtDecember 04, 2019
Law v. Segal Allowed a Fraudster to Retain $30,000
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.
8th CircuitDecember 03, 2019
Fifth Circuit Revokes a Controversial Opinion with Dicta on the Solvent-Debtor Exception
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
5th Circuit