June 03, 2019
FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
6th Circuit, Ohio, Ohio Northern DistrictJune 03, 2019
Supreme Court Rejects Strict Liability for Discharge Violations
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
Supreme CourtMay 31, 2019
One Preference Won’t Prevent Another from Being a Preference
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
4th Circuit, Virginia, Virginia Eastern DistrictMay 30, 2019
Texas Supreme Court to Rule on the ‘Futility’ Defense to a Fraudulent Transfer
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
5th CircuitMay 29, 2019
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
4th CircuitMay 28, 2019
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Plain language of Section 547 defeated what could have been an easily avoided preference.
4th Circuit, North Carolina, North Carolina Eastern DistrictMay 24, 2019
Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
6th CircuitMay 23, 2019
Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
10th Circuit, Oklahoma, Oklahoma Western DistrictMay 22, 2019
‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictMay 21, 2019
Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Supreme Court